Tag Archives: UNHCR

WikiLeaks Releases Restricted Document: EUNAVFOR MED Operation SOPHIA Six Monthly Report

WikiLeaks yesterday released the ‘EUNAVFOR MED Op SOPHIA – Six Monthly Report’. (Also available here: EEAS-2016-126.) The 22 page document is classified as EU RESTRICTED and provides a detailed description of EUNAVFOR MED’s operations during the period 22 June-31 December 2015 and discusses the next steps for the operation, including the move to Phase 2B which would entail operations within Libyan territorial waters. The operation currently operates outside of Libyan territorial waters consistent with UN Security Council Resolution 2259 (2015). The report is signed by Rear Admiral Enrico CREDENDINO, EUNAVFOR MED Op SOPHIA Operation Commander.

Here are some selected excerpts from the report:

Smugglers’ Business Model –

…Wooden boats are mainly used for migrant smuggling to the west of Tripoli, and rubber boats are more common to the east of Tripoli. Wooden boats are more valuable than rubber dinghies because they can carry more people, hence more profit for smugglers and are more resilient to bad weather and can be re-used if recovered by smugglers. However, following operation SOPHIA entering into Phase 2A (High Seas), smugglers can no longer recover smuggling vessels on the High seas, effectively rendering them a less economic option for the smuggling business and thereby hampering it.

Inflatable boats are used in two thirds of the cases and wooden boats in one third of the cases. According to intelligence sources, the wooden boats used are purchased from Libyan fishermen or imported from Tunisia and Egypt. EUNAVFOR MED are monitoring, within capabilities, the supply routes for these, but no detection has been obtained to confirm beyond any reasonable doubt this supply method.

Reports of rubber boast being imported from China and transhipped in Malta and Turkey are supported by a recent interception by Maltese customs of 20 packaged rubber boats in a container destined for Misratah, Libya. As there are no legal grounds for holding such shipments, it was released for delivery to the destination….

Legal Basis for Phase 2A – High Seas –

…The legal basis applicable to phase 2A (High Seas) relies on the international law applicable to the Operation (UN Convention on the Law of the Sea, Palermo protocol against the smuggling of migrants by land and sea) and on individual Member States’ application of the EU mandate through domestic legislation to board, seize and divert vessels and to detain suspected smugglers and traffickers. The adoption of UNSCR 2240 (2015) by the UN Security Council on 9 October, reinforces the legal framework applicable to EUNAVFOR MED activities in international waters. The resolution now provides the legal basis for all Member States to undertake these activities against suspected smugglers and traffickers coming from Libya….

Cooperation with International Organisations –

…In particular we have embedded the training initially provided by UNHCR on migrant handling and international law and this is now a core part of the inchop [command zone] package for new units joining the operation. We are further building on this training with input from UNICEF….

Campaign Assessment –

…Entry into Libyan Territorial Waters will undoubtedly allow us to achieve further success as we get towards the heart of [smuggler and trafficker] networks….

…From a military perspective, EUNAVFOR MED is ready to proceed to Phase 2B (Territorial Waters), though the political and legal challenges ahead remain a significant challenge….

…Transition from phase 2A to 2B [Libyan Territorial Waters] will require for a number of significant challenges to be resolved before I can actually recommend the transition.

Next Steps and Key Challenges-

From a military perspective, and to be more effective against the smugglers’ business model, I need to move to phase 2B (Territorial Waters) as soon as possible. However there are a number of key issues that need to be addressed. These are:

The Legal Finish.

As we will be operating in Libyan Territorial Waters, the current legal finish, of prosecuting suspected smugglers in Italy will not apply. We will therefore need a new legal basis; either an agreement with the Libyan authorities that they will waive their right to prosecute suspected smugglers in Libya and allow them to be prosecuted by another Member State, or to have a transfer agreement in place for apprehended smugglers to be transferred to the Libyan authorities for prosecution. Both options have specific challenges end rely on the consent of the Libyan authorities. If we were to transfer suspected persons to the Libyan authorities, we would need to ensure that they are treated in accordance with human rights standards that are acceptable to the EU and Member States….

…Regardless of the challenges with both options, we are working very closely with the EEAS to come to a workable solution. It is however clear that regardless of the solution taken, the Libyan authorities are fundamental in making this happen, either by providing the agreement to prosecute in another country, or to agree to prosecute in Libya through a judicial system which meets those standards required by the EU. I want to underline the fact that this issue must be solved before we can move to phase 2 Bravo. Without the required legal finish we will be compelled to release suspected smugglers apprehended in Libyan Territorial Waters, with a subsequent loss of credibility for the operation in the media and EU public opinion.

Legal mandate – UNSCR and Libyan Invitation.

In order to move to phase 2 in Libyan territorial waters, we need firstly an invitation from the GNA, as the sole legitimate Government of Libya under UNSCR 2259(2015), and secondly a UN Security Council Resolution to provide the necessary legal mandate to operate. Whilst the transition to phase 2 in Libyan TTW with only a UNSCR without an invitation from the Libyan authorities is theoretically possible, it is unlikely that the UNSCR would be adopted as Russia and China have previously stated that a Libyan invitation would be required by them so as not to block the resolution….

Capacity and Capability Building –

As we move into Territorial Waters, our interaction with the Libyan Navy and Coastguard will increase and we will need to gain confidence in their activities. The capability and capacity of the Libyan Coastguard to protect their borders needs to be developed and therefore preventing illegal migration from Libyan shores, so that we can reach the end state of the mission where illegal migration is at a manageable level without the need for EUNAVFOR Med. This will have to be shaped with Libyan authorities to match their expectations and could benefit from cooperation with other EU missions….

Full document is here or click on this link EEAS-2016-126.

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Filed under European Union, Frontex, Italy, Libya, Malta, Mediterranean, Migrants, Reports, UN Security Council, UNHCR

UNHCR Launches Web Data Portal on Mediterranean Refugee/Migrant Situation

UNHCR has launched a comprehensive data portal on the Mediterranean refugee and migrant situation and the various responses.  The portal contains data, statistical information, maps, reports, situation updates, and other information.

 

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Filed under Aegean Sea, Analysis, Data / Stats, European Union, Mediterranean, News, Reports, UNHCR

Statement by UN High Commissioner for Refugees António Guterres on Refugee Crisis in Europe

Full text of Statement by UN High Commissioner for Refugees António Guterres on Refugee Crisis in Europe:

Geneva, 4 September 2015

STATEMENT BY UN HIGH COMMISSIONER FOR REFUGEES, ANTÓNIO GUTERRES ON REFUGEE CRISIS IN EUROPE

The European Union is preparing key emergency meetings to take decisions in its response to the present refugee and migration crisis. The situation requires a massive common effort that is not possible with the current fragmented approach. Europe is facing its biggest refugee influx in decades. More than 300,000 people have risked their lives to cross the Mediterranean Sea so far this year. Over 2,600 didn’t survive the dangerous crossing, including three-year-old Aylan, whose photo has just stirred the hearts of the world public. After arriving on Europe’s shores and borders, they continue their journey – facing chaos and suffering indignity, exploitation and danger at borders and along the way. The selfless generosity of private citizens and civil society organizations reaching out to welcome and help the new arrivals is truly inspiring. And there has been exemplary political and moral leadership from a number of countries. But overall, Europe has failed to find an effective common response, and people have suffered as a result. To address this untenable situation, we all must keep in mind a number of fundamental points:

  1. This is a primarily refugee crisis, not only a migration phenomenon. The vast majority of those arriving in Greece come from conflict zones like Syria, Iraq or Afghanistan and are simply running for their lives. All people on the move in these tragic circumstances deserve to see their human rights and dignity fully respected, independently of their legal status. But we cannot forget the particular responsibility all states have vis a vis refugees, in accordance with international law.
  2. Europe cannot go on responding to this crisis with a piecemeal or incremental approach. No country can do it alone, and no country can refuse to do its part. It is no surprise that, when a system is unbalanced and dysfunctional, everything gets blocked when the pressure mounts. This is a defining moment for the European Union, and it now has no other choice but to mobilize full force around this crisis. The only way to solve this problem is for the Union and all member states to implement a common strategy, based on responsibility, solidarity and trust.
  3. Concretely, this means taking urgent and courageous measures to stabilize the situation and then finding a way to truly share responsibility in the mid to longer term. The EU must be ready, with the consent and in support of the concerned governments – mainly Greece and Hungary, but also Italy – to put in place immediate and adequate emergency reception, assistance and registration capacity. The European Commission should mobilize the EU asylum, migration and civil protection agencies and mechanisms for this purpose, including the resources of member states and with the support of UNHCR, IOM and civil society. From our side, UNHCR is fully committed to step up its efforts. It is essential that refugee families that disembark in Europe after having lost everything are welcomed into a safe and caring environment.
  4. People who are found to have a valid protection claim in this initial screening must then benefit from a mass relocation programme, with the mandatory participation of all EU member states. A very preliminary estimate would indicate a potential need to increase relocation opportunities to as many as 200,000 places. This can only work if it goes hand in hand with adequate reception capacities, especially in Greece. Solidarity cannot be the responsibility of only a few EU member states.
  5. Those who are found not to be in need of international protection and who cannot benefit from legal migration opportunities should be helped to return quickly to their home countries, in full respect of their human rights.
  6. The only ones who benefit from the lack of a common European response are the smugglers and traffickers who are making profit from people’s desperation to reach safety. More effective international cooperation is required to crack down on smugglers, including those operating inside the EU, but in ways that allow for the victims to be protected. But none of these efforts will be effective without opening up more opportunities for people to come legally to Europe and find safety upon arrival. Thousands of refugee parents are risking the lives of their children on unsafe smuggling boats primarily because they have no other choice. European countries – as well as governments in other regions – must make some fundamental changes to allow for larger resettlement and humanitarian admission quotas, expanded visa and sponsorship programmes, scholarships and other ways to enter Europe legally. Crucially, family reunification has to become a real, accessible option for many more people than is currently the case. If these mechanisms are expanded and made more efficient, we can reduce the number of those who are forced to risk their lives at sea for lack of alternative options.

Beyond the immediate response, it is clear that this situation will require us to reflect seriously about the future. This massive flow of people will not stop until the root causes of their plight are addressed. Much more must be done to prevent conflicts and stop the ongoing wars that are driving so many from their homes. The countries neighbouring war zones, which shelter 9 in 10 refugees worldwide, must be supported more strongly, along with the funding required. At the same time, it is also essential that development cooperation policies are reoriented with the objective of giving people the opportunity to have a future in their own countries.

Europe is facing a moment of truth. This is the time to reaffirm the values upon which it was built.

News contacts:

UNHCR Headquarters, Switzerland

Melissa Fleming: +41 79 557 9122

Adrian Edwards: +41 79 557 9120

William Spindler: +41 79 217 3011

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UNHCR Assisting 1200+ Migrants in Libya Intercepted by Libyan Coast Guard Over Past 10 Days

Full Text of UNHCR Press Statement, 28 April 2015:

“In Libya, UNHCR and its partners have been assisting some of the 1,242 people rescued at sea from unseaworthy boats or intercepted by the Libyan Coast Guard in waters near Tripoli over the past 10 days, who have mostly been sent to immigration detention centres.

This includes a group of more than 200 people from the Horn of Africa intercepted at Tajura (16 km east of Tripoli) four of whom had serious burn injuries from a gas explosion two weeks ago at an unknown location where they were held by smugglers before boarding a boat bound for Europe. The group was taken to an immigration detention centre in Tripoli where medical staff from UNHCR’s partner on the ground treated burns and arranged the transfer to hospital of four seriously injured people. This included a 20-year-old mother with extensive burns to her arms and legs and her two-year-old son with extensive burns to his face.

UNHCR is aware of at least 2,663 migrants or asylum-seekers (including women and children) spread across eight immigration detention facilities across Libya run by the Department for Combatting Illegal Migration (DCIM) – a significant increase from the 1,455 people in detention a month ago. The main nationalities in the centres are Somalis, Eritreans, Ethiopians and Sudanese as well as people from various West African countries. UNHCR understands that 15 immigration centres are now operational across the country. Foreigners in Libya can be arrested for lack of lawful immigration status and can spend anything from one week to 12 months in detention. UNHCR can generally organize the release of refugees and asylum-seekers registered with our office within a few days, although our capacity to register new arrivals to Libya is limited in the current security environment. We also advocate for the release of very vulnerable people, like pregnant women and also for alternatives to detention, if possible.

Our local staff and partners who visit immigration detention centres say conditions are poor, with urgent needs for more medical help, improved ventilation and sanitation as well as relief items. With the rate of detention on the rise, overcrowding compounds already tough conditions. In some centres, more than 50 people are crowded into rooms designed for 25. Temperatures are on the rise, as are the mosquitos which combined with poor ventilation could spread disease. At the request of local authorities, UNHCR is helping to ease the dire conditions. We are giving out soap, underwear, clothes and other items to detainees in the eight centres we can currently access.

There are some 36,000 refugees and asylum-seekers registered with UNHCR in Libya (though some of these may have moved on), who are affected by the growing violence and lawlessness in the country. Among these, the largest group (18,000) are Syrians while Palestinians, Eritreans, Iraqis, Somalis, Sudanese make up significant groups.

Despite the volatile situation in Libya, UNHCR continues to help refugees and asylum-seekers through our national staff and NGO partners. We run two community development centres in Tripoli and Benghazi and have also expanded outreach this year through a mobile medical and social team in Tripoli. We also run dedicated hotlines to help people get registered, receive cash assistance, renew documents, or who are in detention. We are setting up another hotline with the Libyan Coast Guard to receive search and rescue updates.

Meanwhile, UNHCR continues to deliver aid like mattresses, blankets, clothing and kitchen utensils to thousands of internally displaced Libyans, and is supporting municipal authorities to track displacement and assess needs. Some 400,000 Libyans have been displaced by various waves of violence, according to UN figures.

For more information on this topic, please contact:
• In Tunis (covering Libya), Marwa Baitelmal on +216 228 344 31
• In Geneva, Ariane Rummery on +41 79 200 76 17”

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Filed under Libya, Mediterranean, News, UNHCR

UNHCR: Urgent European Action Needed in Mediterranean

Statement by Vincent Cochetel, UNHCR Europe Bureau Director, on new boat arrival in Italy:

“The use of larger cargo ships is a new trend, but it is part of an ongoing and worrying situation that can no longer be ignored by European governments. We need urgent European concerted action in the Mediterranean Sea, increasing efforts to rescue people at sea and stepping up efforts to provide legal alternatives to dangerous voyages. Without safer ways for refugees to find safety in Europe, we won’t be able to reduce the multiple risks and dangers posed by these movements at sea.

UNHCR thanks the Italian authorities for their response to these latest incidents, despite the phasing down of the Mare Nostrum operation. We have expressed concerns over the ending of this operation without a similar European search-and-rescue operation to replace it. This will undoubtedly increase the risk for those trying to find safety in Europe.”

For more information on this topic, please contact:

In Geneva, William Spindler on mobile +41 79 217 3011, spindler@unhcr.org
In Geneva, Ariane Rummery on mobile +41 79 200 7617, rummery@unhcr.org

Click here for Statement.

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UNHCR: Significant Increase in Deaths at Sea Off Yemen Coincides with Increasing Numbers of Migrants Reaching Yemen by Boat

Excerpts from UNHCR press statement 17 Oct. 2104: “[T]here has been a sharp increase this year in the number of migrants and asylum-seekers losing their lives in attempts to get to Yemen, mainly from the Horn of Africa, with more deaths at sea in 2014 than in the last three years combined. One of the recent tragic incidents took place on 2 October when 64 migrants and three crew died when their vessel, sailing from Somalia, sank in the Gulf of Aden. Since, then five more deaths bring the yearly tally for 2014 to 215, exceeding the combined total for 2011, 2012 and 2013 of 179….

The latest deaths come amidst a dramatic increase in the number of new arrivals to Yemen by boat in September. At 12,768, it marks the single biggest month for arrivals since current records began to be kept in 2002. Most of the migrants are Somalis, Ethiopians and Eritreans.

Factors behind the surge are believed to include ongoing drought in South-Central Somalia, as well as the combined effects of conflict, insecurity, and lack of livelihood opportunities in countries of origin. Moreover, “the surge can also be attributed to a decreasing level of cooperation between the countries in the region to better manage migratory movements,” [UNHCR spokesperson James] Spindler said….”

Click here for full UNHCR statement.

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Filed under Data / Stats, Eritrea, Ethiopia, Gulf of Aden, News, Somalia, UNHCR, Yemen

Panel Discussion: “Heading to Europe: Safe Haven or Graveyard?,” Radboud University Nijmegen, 16 May

From the organizers:

The Interest Group on Migration and Refugee Law of the European Society of International Law, the Centre for Migration Law of the Radboud University Nijmegen and the Amsterdam Center for International Law of the University of Amsterdam are pleased to announce ‘Heading to Europe: Safe Haven or Graveyard?’, a panel discussion on migration by sea in the Mediterranean. The panel discussion will be held on 16 May 2014 at the Radboud University Nijmegen.

The year of 2013 has demonstrated that the tragedy of thousands of migrants and refugees drowning on the shores of Europe is now a common occurrence. The fate of those who perished near the Italian island of Lampedusa has brought the urgency of the situation into focus. The aim of the panel discussion is to provide an overview of the legal rules and processes applicable to migration by sea in the Mediterranean and to reflect on their wider sociological implications.

The panel discussion consists of two panels, each followed by a plenary discussion. In the first panel, legal experts working in the field of academia and at stakeholder organizations (e.g. UN Refugee Agency, Council of Europe, European Union) focus on legal aspects of boat migration in the Mediterranean. The second panel brings together scholars and practitioners with first-hand experience from transit countries to discuss the sociological effects of the legal rules and processes. Click here for the complete program, and here for more information on the panelists.

The organizing partners cordially invite interested scholars, governments officials, practitioners and advanced students to join in the panel discussion ‘Heading to Europe: Safe Haven or Graveyard?’. Active participation in the discussion is strongly encouraged. Participation is free of charge. For participation, please register at the bottom of this page. For inquiries, please contact Lisa-Marie Komp at lisa-marie.komp@law-school.de.

Location is the CPO-zaal, Spinozagebouw at the Radboud University in Nijmegen (Montessorilaan 3).

CLICK HERE TO REGISTER

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Filed under Colloques / Conferences, Council of Europe, European Union, Frontex, Mediterranean