Tag Archives: UNHCR 10-Point Plan on Mixed Migration

ICMC Europe Report: “MAYDAY! Strengthening responses of assistance and protection to boat people and other migrants arriving in Southern Europe”

ICMC has released a 150+ page report entitled “MAYDAY! Strengthening responses of assistance and protection to boat people and other migrants arriving in Southern Europe.”  I have just started reading the report and may post some additional excerpts in the coming days.  Here is an excerpt from the Foreword and Introduction:

“In the first months of 2011 alone, more than 2,000 migrants have died crossing the Mediterranean Sea. More than 2,500 unaccompanied children arrived just on Italian shores. Tragic, chronic figures like these are urgent and continuous reminders of the need for another approach to human mobility that goes far beyond simple enforcement and fundamentally recognises the rights to life and protection for all.

It is not so much the arrivals of migrants and refugees that should be put to question, but rather the response mechanisms which very often fail as much in the fields of prevention and rescue as in the processes deciding where and how people are permitted to move, disembark, stay or return. Protection today is provided only for a limited number of boat people who need it, and governed by systems of access and identification that are far too limited. Correct identification, differentiation and referral systems are needed for all migrants in distress and from the very moment of their arrival, not only because they are human beings, but also because such approaches reflect the quality of our societies….”

Scope of this report – Gathering the results of nearly a half thousand surveys of first responders and other actors as well as the migrants themselves, this report examines what happens—or does not happen— to identify migrants in need of protection and assistance upon their arrival in Europe. In particular, it sheds light on the mechanisms developed, and gaps both in practice and in policy in responses to boat people and other migrants arriving in mixed migratory movements in four countries at Europe’s Southern door: Greece, Italy, Malta and Spain.

Although rescue at sea at one end and voluntary or enforcement-related return at the other are highly relevant topics and areas of research per se, DRIVE has focused on the situation of migrants at point of arrival. As such, the project and this report look at first responses in the phase immediately upon and surrounding arrival, and then to identification, differentiation and referral mechanisms for legal protection and/or further assistance in subsequent phases following arrival.

The principal focus of the project was on boat arrivals, but the shift in routes in Greece during the project period and the sharp increase in land border crossings there compelled reflection upon responses to migrants crossing land borders as well as those arriving by sea. While the project maintained its focus on arrivals by sea, one of its findings is that most of the laws, policies, procedures and responses applicable to boat people pertain equally to those arriving across land borders—in particular, steps on identification, differentiation and referral for protection and assistance.

The DRIVE project set out to promote protection of the rights of all migrants in these situations, especially the most vulnerable, regardless of their immigration status. Nevertheless, the project has highlighted four groups whose members have come to be defined to a varying extent as having specific rights or special needs under international and European legal instruments: asylum seekers, victims of human trafficking, children, and victims of torture. It merits emphasising however, that other migrants also have special needs because of particular vulnerabilities,- notably people with serious health problems, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to or witnessed torture, rape or other serious forms of psychological, physical or sexual violence.

Structure of this report – The report is composed of four main parts, plus annexes:

Part 1: Building policy responses to boat people and others arriving in mixed migration flows – Within this first part, Chapter 1 provides a brief history of the policy evolution and the organizations involved in the area of mixed migration. Chapter 2 gives an overview of legal obligations relating to the rights of the migrants composing these arrivals. The third chapter provides an analysis of the EU policy and legal framework with regards to mixed migration arrivals at its borders.

Part 2: A focus on post-arrival identification, differentiation and referral for assistance and protection – The first chapter explains what is meant and implied by “identification, differentiation and referral”in mixed migration contexts, the concept at the core of the DRIVE study. The second chapter seeks to focus on the legal obligations of member states to conduct identification of people in need of protection at the border, with in-depth legal analysis of the rights and state obligations that international and EU law articulate for asylum seekers, children, and victims of human trafficking and torture.

Part 3: What happens to people arriving irregularly by boat in Greece, Italy, Malta and Spain? – The first chapter gives a snapshot of the trends and figures of arrivals in the Mediterranean region. In Chapter 2, the summaries of the four country reports (each presented in its entirety in an annex) then provide a look at the procedures and practices on the ground for first reception, identification and referral. The third chapter presents the results of the extensive migrants surveys that the DRIVE project conducted in the four countries in an effort to give voice to the beneficiaries themselves. Chapter 4 concludes with a comparative analysis identifying the main gaps and challenges in those countries.

Part 4: Conclusions and recommendations – The focus on the four countries enabled consideration of practices and procedures which could either improve the quality of the process or prevent people from accessing protection and assistance. Recommendations therefore seek to address how identification, differentiation and referral can be improved in the Mediterranean, including how the international and European legal and policy framework can address this question in a more comprehensive manner.

Annexes: Detailed mapping of the situation in Greece, Italy, Malta and Spain are attached in the annexes, as well as a presentation of some relevant tools and guidelines….”

Click here for Report.

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UPR of Spain Largely Ignores Interdiction and Readmission Practices

Spain was one of 15 countries whose records were reviewed during the 8th session of the Human Rights Council’s Universal Periodic Review (UPR) Working Group from 3-15 May 2010.  While reference is made to the treatment of asylum seekers and migrants who reach Spanish territory, little attention was directed (at least not in the national report or the Working Group’s Draft report) to the treatment of migrants intercepted at sea before reaching Spanish territory in the Canary Islands or elsewhere.  Likewise little attention was paid to the provisions and implementation of Spain’s several bilateral readmission agreements with various countries such as Senegal.

According to the Draft report, Spain agreed with a general recommendation to “[t]ake all measures necessary to ensure that actions related to unaccompanied minors (migrants, asylum seekers, refugees, victims of trafficking) are in line with international standards.” [Section II, Para. 84(54).]  But Spain did not agree to several more specific recommendations, instead agreeing only to “examine” and “provides responses” to the recommendations no later than September 2010 when the Human Rights Council meets for its 15th session.

Three of the more detailed recommendations were:

  • “Respect fully the principle of non-refoulement and ensure effective access to asylum procedures, taking into account the objectives of UNHCR’s 10-Point Plan on Mixed Migration” (New Zealand);
  • “Undertake a review of its readmission agreements with respect to refugees and asylum-seekers, and amend them as necessary to ensure that they contain human rights guarantees in line with international standards” (Canada); and
  • “Consider access to asylum procedures for victims of trafficking (Costa Rica).

[Section II, Para. 86(28-30).]

Click here for link to UPR site for Spain.

Click here for the Draft report of the Working Group.

Click here for Spain’s national report submitted to the Working Group.

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