April

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EU: Platform for International Cooperation on Undocumented Migrants (PICUM): PICUM Position Paper on EU Returns Directive (pdf):

"Based on the impacts on undocumented migrants of the provisions established within the Return Directive as identified by PICUM members, this position paper
aims at informing the debate on possible further development of the EU return policy by providing concrete policy recommendations concerning the situation faced by undocumented migrants within the return process."

EU: Frontex: Annual Risk Analysis 2015 (pdf)

European Commission and the High Representative of the EU for Foreign Affairs and Security Policy: Joint Communication: Action Plan on Human Rights and Democracy (2015-2019) "Keeping human rights at the heart of the EU agenda" (JOIN 15-15, pdf)

European Parliament: Migration: Parliament calls for urgent measures to save lives (pdf):

"The EU should do everything possible to prevent further loss of life at sea, e.g. by expanding the mandate of “Triton” operation in the Mediterranean to include "search and rescue operations at EU level", says a resolution voted by Parliament on Wednesday. MEPs also call for a binding quota for distributing asylum seekers
among all EU countries, bigger contributions to resettlement programmes, better cooperation with third countries and tougher measures against people smugglers.

Parliament urges the EU and its member states to establish a clear mandate for Triton, "so as to expand its area of operation and increase its mandate for search and rescue operations at EU level" (Triton is coordinated by the EU border agency Frontex and currently extends only 30 nautical miles from the Italian coastline).

The EU and its member states should ensure that "search and rescue obligations are effectively fulfilled", stresses the resolution, which was approved by 449 votes to 130, with 93 abstentions."

UN Security Council President on Mediterranean Migrant Crisis: It’s Not About Protecting Europe; It’s About Protecting the Refugees. (Migrants at Sea, link) "“diplomats are warning that United Nations backing for any European Union plan to address the growing Mediterranean migration crisis could take longer than anyone wants.” Ambassador Kawar said “I don’t think we’re anywhere close to having [support] now” and that the effort is “not about protecting Europe. It’s about protecting the refugees."

SECURITY AGENDA: European Commission: The European Agenda on Security (pdf) published 28 April 2015

EU: MED CRISIS: Agence Europe reports that EU High Representative for Foreign Affairs Federica Mogherini said: ""To be able to take action, we have to have a United Nations mandate. That will not be easy, just as it will not be easy to get the agreement of the Libyan authorities which do not yet have a government of national unity, Mogherini said on Sunday in an interview with Italian media."

CJEU: Advocate-General: "Is it a crime to be a foreigner?" A-G: All custodial criminal penalties for irregular migrants breach EU law

See: AG Opinion (pdf)

Statewatch News Online: Statewatch coverage of the migrant crisis in the Mediterranean (08/15) (pdf) and News Online, 27 April 2015 (09/15) (pdf): 18 stories with documentation and 26 News reports from In the News Digest (129 news links from across the EU, so far in April, updated daily)

EU: MED CRISIS: Reportage:

" Royal Navy to send drones to the Mediterranean to save migrants - Unarmed surveillance drones could be sent to search for dangerously overloaded boats packed with people making the perilous crossing from Libya to Europe (Daily Telegraph, link)

" If the EU Attacks Migrant Boats in Zuwara, Libya, How Will It Select from Among the 100s of Boats? (Migrants at Sea, link): "There is no effective and safe (or legal) means by which a particular smuggling boat can be identified and destroyed without destroying multiple other boats."

" EU rescue ships head for Libya, as migrants die also in Balkans (Reuters, link): ""Yet hours after European Union leaders agreed in Brussels on Thursday to treble funding for EU maritime missions and pledged more ships and aircraft, 14 clandestine migrants were killed when a train ploughed into dozens of Somalis and Afghans making their way in darkness along a rail track in a Macedonian gorge."

" Italian judge keeps migrant disaster ship skipper behind bars (SUNdaily, link): "The Tunisian captain of a migrant boat in which at least 700 people
drowned is to remain behind bars as an Italian judge continues his inquiry into the deadly disaster."

" 'Africa's gendarme' France to seek UN approval for new military battlefront - this time in the sea (Mail & Guardian Africa, link): ""FRANCE and Britain agreed Thursday to seek United Nations approval for an EU military operation against people smugglers, in a bid to curb the soaring number of migrants dying as they seek a better life in Europe."

" UN Security Council Working on Migrant Resolution (ABC News, link): "France's ambassador to the U.N. says Security Council members are already working on a council resolution to address the spiraling migrant crisis."

" The EUs disappointing response to the migration crisis (IRIN, link): "A closer look at the list of commitments from Europes leaders after their hastily-arranged migrant crisis summit in Brussels reveals no substantial change in response and few measures likely to have any major impact on the flows of migrants and asylum-seekers trying to reach Europe" and Europe must stop exporting its migration fears or face the consequences (link):

""Thirty years ago we knew that there was a demographic and economic crisis on the horizon. We knew, because the International Labour Organization and the UN Fund for Population Activities had done their homework and told us so. We knew just how many young people would be entering the work force in the developing world; we knew how many jobs would be required; we knew that regular migration to the developed world could provide only a small percentage of solutions, at best; and we knew, too, that conflict, turmoil, upheaval and displacement would likely still be with us.

"And what did we do? Essentially, we did nothing. We put our heads in the sand, crossed our fingers, and hoped that the inevitable would never happen. Well, it did, as the inevitable generally does. And the price is being paid today, in lives lost in flight and in transit from situations of utter desperation which we saw coming, and in the floundering ineffectiveness of regional and national policies."

EU: MED CRISIS: Draft list of Member State "pledges" of military and other "assets" (pdf) Note so far Germany has only given 2 ships and UK warships are not included.

EU: MED CRISIS: Dont Rock the Boat: EU leaders do as little as possible to address the migrant crisis (EU Law Analysis, link)

"Yesterday the EU leaders, in the European Council, adopted a policy for addressing the recent crisis of large-scale migrant death tolls crossing the Mediterranean. It builds upon the recent 10-point plan adopted by ministers (discussed here), but builds upon it in some respects. There were also some interesting last-minute changes to the earlier draft of the text (all of which are shown in the annex below), indicating leaders real priorities...

there is a specific commitment to triple the funds for search and rescue as regards existing EU operations. However, this is only within the mandate of Frontex and the head of the EU border agency has stated that this agency does not really have a search and rescue role.

It should be noted that since these operations are coordinated by Frontex, detailed rules of EU law will apply (discussed here) will apply. These rules do allow, in some cases, for returns of migrants directly from their rescue to non-EU countries as long as those countries are safe. It is unlikely that in the current situation, Libya would qualify as safe."

See: Comparison between Draft and Final Statements (pdf)

Although the statement limits fingerprinting to those who apply for asylum see Statewatch on EU plan for ""systematic identification": Fingerprinting by force: secret discussions on "systematic identification" of migrants and asylum seekers

EU MED CRISIS: Press coverage:

- European Parliament: European Council: Civil Liberties Committee Chair regrets lack of commitment by EU leaders on the number of refugees to resettle (pdf): "Reacting to the final statement of the European Council held yesterday in Brussels, the Chair of the European Parliament's Civil Liberties, Justice and Home Affairs Committee responsible for dealing with migration, Claude Moraes (S&D, UK), welcomed the setting up of a voluntary resettlement scheme to those qualifying for protection, but regretted the lack of commitment by EU leaders on the number of refugees to resettle. "Bolder pledges should have been made" at the summit, he said."

- Open letter to David Cameron: Building the walls of fortress Europe has had deadly results - In this open letter, a coalition of 19 charities calls on the UK to ensure that a fully resourced search-and-rescue mission is re-established (Independent, link)

- EU to target migrant smugglers (euobserver, link): "EU leaders on Thursday (23 April) declared war on migrant smugglers and promised to triple the monthly budget of the EUs sea surveillance mission, Triton.But broader efforts to address politically sensitive issues on a better distribution of asylum seekers and refugees largely fell to the wayside as leaders instead placed emphasis on giving the EU's surveillance mission Triton more cash, more boats, and more planes.

- NGOs: Migration summit fell short of expectations (euractiv, link): "EU leaders have missed a real opportunity to make a serious difference in the lives and deaths of the people suffering daily in the Mediterranean, say NGOs."

- EU leaders will use military against refugees, warns leading MEP (euractiv, link)

- Coffin-carrying migrants march on European Council (euractiv, link)

EU MED CRISIS: European Council: Press release (pdf): Final text does not even commit to tiny number of 5,000 resettlement places

EU: MED CRISIS: MEPs condemn EU leaders shameful response to migration crisis in Mediterranean (GUE/NGL, link):

"GUE/NGL MEPS have condemned EU leaders in the strongest possible terms for not responding to the spiralling death toll in the Mediterranean with a much-needed robust search and rescue operation as well as proposals for safe and legal access to the EU.

Draft conclusions from today's emergency summit in Brussels show that instead EU governments want to prevent migrants from gaining access to Mediterranean shores and return swiftly those who arrive in Europe."

Euromedrights: OPEN LETTER TO THE EU HEADS OF STATE AND GOVERNMENTS: No More Excuses for Deaths at Sea: Reform Policies, Save Lives! (link):

"Ahead of the EUs extraordinary summit of 23 April 2015, the Euro-Mediterranean Human Rights Network (EMHRN) is calling on the 28 Heads of States and Governments to urgently reconsider the proposed package of measures to tackle the humanitarian crisis in the Mediterranean. The EMHRN exhorts EU leaders to shift their focus away from surveillance, intelligence gathering and border controls towards a genuine human rights perspective with the protection of migrants and refugees at the heart of their concerns."

EU: MED CRISIS: EUROPEAN COUNCIL MEETING 23 APRIL 2015, Brussels: Agenda (pdf) and Background Note (pdf)

EU: MED CRISIS: Most migrants crossing Mediterranean will be sent back, EU leaders to agree - Exclusive: Confidential draft from summit reveals that only 5,000 migrants will be allowed to resettle in Europe with at least 150,000 likely to be repatriated (Guardian link):

"EUs Frontex border agency, the head of Frontex, Fabrice Leggeri, said on the eve of the summit that saving migrants lives should not be the priority for his maritime patrols despite the clamour for a more humane response after the deaths of 800 refugees and migrants at the weekend."

See: Statewatch EU Council Draft Conclusions document: Draft European Council Conclusions (pdf)

EU-MED-CRISIS RESPONSE: Draft European Council Statement for 25 April 2015 Summit of Prime Ministers and Heads of State (pdf). includes:

- "to increase the search and rescue possibilities within the mandate of FRONTEX; [p.m.: welcome pledges]

But asks for "volunteer" Member States to join search and rescue - no commitment by all governments

and:

- increased intelligence and police-cooperation with third countries

- systematic efforts to identify, capture and destroy vessels before they are used by traffickers. The High Representative is invited to immediately begin
preparations for a possible CSDP operation to this effect, in accordance with international law

- increase support to Tunisia, Egypt, Sudan, Mali and Niger among others, to monitor and control the land borders and routes in order to prevent potential
migrants from gaining access to Mediterranean shores,

- promote readmission of unauthorised economic migrants to countries of origin

- new return programme for the rapid return of irregular migrants

- voluntary pilot project on resettlement, offering at least 5,000 places to persons qualifying for protection

- registration and finger-printing" [emphasis added]

EU-MED CRISIS: EU borders chief says saving migrants' lives 'shouldn't be priority' for patrols - Coastal fleet missions off Italy not mandated or resourced for full search and rescue operations, and nor is EU, says head of Frontex agency (Guardian, link)

"Triton cannot be a search-and-rescue operation. I mean, in our operational plan, we cannot have provisions for proactive search-and-rescue action. This is not in Frontexs mandate, and this is in my understanding not in the mandate of the European Union, Leggeri told the Guardian."

And see today: Falling into line - but will Frontex's mandate be changed? Frontex ready to implement European Council conclusions - Executive Director (link): "My proposal is to increase as an immediate step air surveillance in the Mediterranean Sea south of Italy and Malta in addition to the vessels currently deployed, which is aimed at enhancing search and rescue capacities in the area, Leggeri said."

And see: EU leaders to consider military crackdown on Libya human traffickers (euractiv, link) and EU to 'capture and destroy' migrant traffickers' boats (euobserver, link): "the text [of the Draft Conclusions] does not mention changing Frontex's mandate, with human rights organisations regularly criticising the EU for focusing on protecting its borders rather than dealing with the humanitarian aspect."

EU: CJEU JUDGMENT: !mmigration law: Member States cannot just fine irregular migrants, they have to expel them (full text)

Frontex and eu-LISA Sign Cooperation Plan for 2015 (Frontex link), LISA Press release (pdf) and Annual Cooperation Plan 2015 of eu-LISA and Frontex (pdf)

CRISIS IN THE MEDITERRANEAN: German Marshall Fund: The United States and the Future of Mediterranean Security: Reflections from GMFs Mediterranean Strategy Group (GMF, link) This article in on the "Reading List" of the Background briefing on the Special European Council of 23 April 2015:

"Mediterranean security is set to pose key tests for both NATO and EU strategy in the years ahead. U.S. political and military engagement will be important elements in regional stability. But the relatively diffuse nature of Mediterranean security risks, a substantially reduced permanent military presence, and some marked differences in the European and U.S. approach to the region will complicate policy looking south."

See: GMF Reflections (pdf)

The EU response to migrant deaths: protection and prevention or policy laundering? (EU Law Analysis, link): "Overall, this is a very disappointing document. Its not only vague on crucial details but more importantly focusses less on the situation of the migrants (addressing the root causes which cause them to move, and protection from drowning and persecution) and more on border control and repression."

and see: Joint Foreign and Home Affairs Council: Ten point action plan on migration (pdf) which does not include a response to the humanitarian situation for "search and rescue" and African Union Commission and European Commission meet to bring new impetus to the EU-Africa partnership (pdf): "In the context of the ongoing crisis in Libya and the dramatic situation in the Mediterranean, we have to enhance cooperation with North African and Sub Saharan African countries to build migration and border management capacities."

ITALY: Associazione per gli Studi Giuridici sull'Immigrazione (ASGI) statement:
Italy and Europe must react immediately to stop the tragedy of the deaths in the Mediterranean:

"Inactivity makes them accomplices of a slaughter: A failure to immediately adopt the measures listed above would entail a serious responsibility on Europe's part as, by forgetting its founding values, it remains objectively indifferent to the tragedies that are taking place at our borders."

MED: SEARCH & RESCUE: Mediterranean migrant deaths: UK sends just five workers to assist EU - Government boosts contribution from one immigration officer to five, as Labour condemns immoral UK approach to search and rescue missions (Guardian, link)

EU: LIBYA & SEARCH & RESCUE: European External Action Service: Libya, a Political Framework for a Crisis Approach (LIMITE doc no: 13829-14, pdf):"three possible scenarios for the near future; a stalemate, with no clear winner; an escalation of violence, in which one side might overcome the other following a full-scale civil war; or a cessation of hostilities and the resumption of the political process. What these scenarios demonstrate is that the possibility for the EU to define its strategy and programme its activities depends highly on the outcome. The first 2 scenarios are clearly not conducive to any major EU footprint and/or support programme. Only a ceasefire agreement could eventually allow for a resumption of EU support" [emphasis in original]

Mass drowning prompts talk of EU search-and-rescue operation (euobserver, link):

"The EU is mulling options to launch a fully-fledged search and rescue operation following the reported drowning of some 700 EU-bound migrants over the weekend. Speaking on the behalf of Latvias EU presidency, interior minister Rihards Kozlovskis on Monday (20 April) said options should be explored for setting up a full-fledged search and rescue operation of the EU.

But Kozlovskis call for a EU-wide rescue mission is likely to meet resistance from national governments like the UK, which insist aid efforts are a pull factor for more people to make the perilous journey. The deaths and boating tragedies have historically been met with emotional statements from the EU and most governments but little in terms of action. How many more people will have to drown until we finally act in Europe? said European parliament president Martin Schulz in a statement."

And: EU to launch military operations against migrant-smugglers in Libya (Guardian, link): "The European Union is to launch military operations against the networks of smugglers in Libya deemed culpable of sending thousands of people to their deaths in the Mediterranean.... Dimitris Avramopoulos, the European commissioner for migration issues, said the operation would be civil-military modelled on previous military action in the Horn of Africa to combat Somali piracy. The military action would require a UN mandate." [emphasis added]

EU: "FORTRESS EUROPE" RE-BORN: SEARCH & RESCUE CRISIS IN MED: Joint Foreign and Home Affairs Council: Ten point action plan on migration (pdf) which does not include a response to the humanitarian situation for "search and rescue" but which includes:

- "A systematic effort to capture and destroy vessels used by the smugglers" which would require a "civil-military" operation to be authorised by the Council

- "Member States to ensure fingerprinting of all migrants"

- "Establish a new return programme for rapid return of irregular migrants coordinated by Frontex from frontline Member States" and "Consider options for an emergency relocation"

See: Mediterranean migrant crisis: EU sets out measures (BBC News, link)

Migrant deaths in the Mediterranean: What can the EU do? (EU Law Analysis, link): "There is a moral imperative for the EU to act swiftly and effectively to address the issue."

and also Watch the Med (link): "Watch the Mediterranean Sea is an online mapping platform to monitor the deaths and violations of migrants' rights at the maritime borders of the EU"

And see: EU ministers meet for crisis talks after hundreds of migrants drown in Mediterranean - Italian prime minister Matteo Renzi says EU action must be a priority as death toll of drownings this year now stands at 1,500 50 times more than at same point in 2014 (Guardian, link)

EU: Response to deaths in the Mediterranean (19.4.15): Press release (pdf):

"the Foreign Affairs Council that will meet tomorrow in Luxembourg, will [discuss] the next steps the EU is going to take to tackle human trafficking and smuggling in an effective and truly European way."

EU: Search and rescue: The Observer view on the human tragedy in the Mediterranean (link) Editorial: "Europe cant afford to sit back and do nothing when thousands of migrants are dying every week in search of a new life in Italy and Greece... The fundamental causes of this crisis will take years to address. An urgent first step is to reinstitute EU-underwritten search and rescue operations" and see:

Trivialising migrant deaths: why words matter (EU Law Analysis, link): "The escalating tragedy of thousands of migrants lives being lost every year during attempted Mediterranean crossings is one of the most difficult issues facing the EUs immigration policy."

EU response: European Commission: European Commission Statement on developments in the Mediterranean (19-4-15,pdf): "as long as countries of origin and transit do not take action to prevent these desperate trips, people will continue to put their lives at risk" [emphasis added]

And see: Statement of High Representative on capsizing of a migrants' boat in the Mediterranean Sea (19-4-15, pdf): "Every single day, we have the duty to save human lives, sharing among all the 28 this duty and a responsibility that for too long has been left only to the southern countries.... I've decided to put the issue of migration as a formal point on the agenda of the Foreign Affairs Council I convened tomorrow in Luxembourg, where I'll present a set of proposals for Libya, one of the main routes of illegal trafficking of migrants." [emphasis added]

Tony Bunyan, Statewatch Director comments:

"Migrants are fleeing from war, persecution and poverty which require long-term solutions. The underlying causes are wars and conflicts, persecution by oppressive and authoritarian regimes or "broken" states, poverty stemming from global inequality and exploitation and the long-term implications of climate change. And the political will to meaningfully address these issues is manifestly absent.

The response to the immediate and continuing tragedies should be obvious. The EU needs to launch an unequivocal and permanent search and rescue operation in the Mediterranean matched by a commitment by all EU governments to share responsibility for migrants' welfare." .

And: UNHCR - New Mediterranean boat tragedy may be biggest ever, urgent action is needed now (link)

EU: Rights groups: EU leaders dont care about drowning immigrants (euractiv, link): "Rights groups lashed out at the EU on Wednesday for scrapping rescue operations in the Mediterranean, saying it had endangered the lives of thousands of desperate migrants making perilous journeys across the sea."

And see: CoE: Parliamentary Assembly: Mediterranean migrant tragedy: PACE rapporteur calls for a co-ordinated European response (link): "The humanitarian plight of these people has become unbearable, said the rapporteur. The human rights of refugees, on the one hand, as well as the fight against unscrupulous traffickers, on the other, should be addressed at a European level as a matter of priority.

See: Remarks by Commissioner Avramopoulos on the situation in the Mediterranean at the LIBE Committee in the European Parliament
Brussels, 14 April 2015 (pdf): Makes no mention or commitment to search and rescue.

Lampedusa: why are so many migrants dying at sea? (Channel 4 News, link): "The UNHCR says that at least 500 migrants have died in the Mediterranean so far in 2015 - 30 times higher than in the same period last year. Channel 4 News asks if European policy is to blame."

See: EU Council of the European Union: Migratory pressures: trends and further actions (LIMITE doc no: 6565-rev-1-15, pdf), includes: "effective return policy: The swift return of migrants could serve as an example to counter the vain promises that migrants will see an immediate improvement in their lives in the EU....."

And: UK axes support for Mediterranean migrant rescue operation - Refugees and human rights organisations react with anger as minister says saving people encourages others to risk voyage (Guardian, link)

"British policy was quietly spelled out in a recent House of Lords written answer by the new Foreign Office minister, Lady Anelay: We do not support planned search and rescue operations in the Mediterranean, she said, adding that the government believed there was an unintended pull factor, encouraging more migrants to attempt the dangerous sea crossing and thereby leading to more tragic and unnecessary deaths. [emphasis added]

EU Council of the European Union: Migratory pressures: trends and further actions (LIMITE doc no: 6565-rev-1-15, pdf), includes:

"effective return policy: The swift return of migrants could serve as an example to counter the vain promises that migrants will see an immediate improvement in their lives in the EU....."

BELGIUM: CIRÉ statement on two suicides:A dark day for migrants and for Belgian migration policy - press statement of 3 April

"Thursday 2 April 2015 will remain etched as a dark day. Two people who were refused the right of residence by Belgium killed themselves. Acting as spokespersons for many others, they send out a message to our humanity and recall - if it still needs to be demonstrated - the true cost of our migration policies."

EU: Shipowners, Unions Urge EU Address Migrant Crisis (Maritime Executive, link):

"European and global operators of merchant ships have joined forces with seafarers unions in a letter urging EU Member States to take immediate collective action in addressing the growing humanitarian crisis in the Mediterranean Sea.....

In a joint letter to leaders of all 28 EU Members States dated March 31, the European Community Shipowners Associations (ECSA), the European Transport Workers Federation (ETF), the International Chamber of Shipping (ICS) and the International Transport Workers Federation (ITF) have warned that the crisis is spiralling out of control. They warn there is a serious risk of further catastrophic loss of life unless EU Member States respond with greater urgency."

See: Letter from shipping industry to EU Heads of State/Heads of Government of EU/EEA Member States: Humanitarian crisis in Mediterranean sea (pdf)

EU: Council of the European Union: LIMITE document:

" European External Action Service: I nterim EUCAP Nestor Strategic Review (LIMITE doc no: 1192192-15, 42 pages, pdf): CMPD Crisis Management and Planning Directorate: Working document of the European External Action Service: "EUCAP Nestor is deployed, to strengthen maritime security capacity in order to enable these countries to fight piracy more effectively, with a primary focus on Somalia and a secondary on Djibouti, Seychelles and Tanzania..... However, it is assessed that current bilateral activities should be phased out, preferably by the end of 2015, and transition strategies elaborated to enable the Mission to fully concentrate on Somalia where piracy originated."

African Union opposes outsourcing migrants (euobserver, link):

"The African Union is opposed to any EU-level plan to outsource asylum processing centres to countries in Africa. "From the African perspective, this would be a dangerous approach, said African Union ambassador to the EU, Ajay K Bramdeo, on Wednesday. Niger, Tunisia, Egypt, Morocco and Turkey may host such centres."

And: African envoy expresses concern over EU migrant center plans (New Europe, link)

UNHCR concerned by border practices after deaths of two Iraqis at the Bulgaria-Turkey border (link to press release):

"GENEVA, 31 March (UNHCR) The UN refugee agency on Tuesday expressed increasing concern that people needing international protection were being blocked from entering the European Union, citing the deaths of two Iraqi men who were in a group of 12 Yazidi people allegedly beaten by Bulgarian border guards....

The statement followed a recent incident in which UNHCR was told 12 Iraqis belonging to the Yazidi minority were stopped by Bulgarian border guards as they tried to enter from Turkey. The Iraqis had their belongings seized and were badly beaten.

The group scattered and two of the men, suffering from severe injuries, died later of hypothermia on the Turkish side of the border. According to the reports, a third person was taken in a critical condition to a hospital in Edirne after Turkish authorities were alerted."

March 2015

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