Month: November 2018

A Review of Events of the Previous Week in the Mediterranean

The death toll

IOM: Mediterranean Migrant Arrivals Reach 104,506 in 2018; Deaths Reach 2,075

“As colder weather conditions arrive, the sea passage to Europe grows ever deadlier. [IOM] has recorded 2,075 people who have died or gone missing on one of three migratory routes across the Mediterranean in 2018.…”

Mogherini warns that EUNAVFOR MED Sophia operation will end on 31 December in the absence of interim agreement on disembarkation practices

At the conclusion of the 20 November Foreign Affairs Council (Defence) meeting, HR Mogherini warned of the imminent end of the EUNAVFOR MED Sophia operation (the current mandate expires on 31 December 2018):

“I clearly said to the [Defence] Ministers that they either find an interim solution on the issue of disembarkation [of rescued migrants] within the next couple of weeks, or we will need to dismantle the Operation and the Operation will come to an end. … I would now expect Ministers to instruct their ambassadors in the PSC [Political and Security Committee] to work on an interim solution for this particular aspect of the Operation, so that the Operation can continue….

Everybody agrees that [EUNAVFOR MED Sophia] has to be kept in place; everybody agrees that the point on disembarkation which is a minor part of a military operation would need to be resolved in the broader context of the Dublin discussions….

Ministers have two choices: to close the [EUNAVFOR MED Sophia] operation or to find an interim solution that only relates to the disembarkation of people that are rescued by Operation Sophia and does not create any precedent for the following-up of the conversation and the decision making on Dublin reform. Any broader solution on the Dublin reform would immediately also apply to the Sophia rules, once Member States get there. But in the meantime, we have to find an interim solution to give clarity to the Operation commander on what to do in case there are some search and rescue activities….”

The Political and Security Committee last week reportedly considered a proposal presented by the European External Action Service to change EUNAVFOR MED’s disembarkation practices.  The proposed change would allow the relevant Maritime Rescue Coordination Centre (MRCC) to decide where rescued migrants are to be disembarked and would require new criteria to be considered, including the circumstances of the rescue, the need for EUNAVFOR MED vessels to resume their mission, and principles of efficiency and speed. As a last resort, the proposal would require the country of the MRCC to make available one of its ports for disembarkation, provided that an immediate screening of migrants is organized and an expeditious redistribution of disembarked asylum seekers to other states occurs. Media reports on the proposal here, here, here, here, and here.

Mogherini reminds us that EUNAVFOR MED Sophia is a military operation and is not in the business of SAR – EUNAVFOR MED responsible for only 9% of Mediterranean rescues

In remarks after the 20 November Foreign Affairs Council (Defence) meeting, HR Mogherini also emphasised that the primary mission of EUNAVFOR MED Sophia is not one of Search and Rescue:

“….Operation Sophia is not a search and rescue operation. It is a military operation that has the task to dismantle criminal networks. As a result of that, the overall number of people that have been rescued by Operation Sophia over time represents only 9% of all the people that have been saved in the Mediterranean Sea. This means – because I want to translate things into concrete numbers – in the last 11 months, an average of 180 people per month, divide them by 28 and it is six people per Member State per month. Would you dismantle a military operation in the Mediterranean Sea that is doing what [Operation] Sophia is doing for that number of people?”

Migrant arrivals in Spain remain high and deaths spike; overall arrivals in EU remain low compared to past two years

IOM: As of 18 November, arrivals in “Spain topped 50,962 – more irregular arrivals to Spain through 45 weeks of 2018 than all arrivals during the past three years combined.”  Overall, 2018 is “the fifth straight year [where] arrivals of irregular migrants and refugees [to the EU] have topped the 100,000 mark, although this year’s totals are low compared to those at this time in 2017 (157,323) and 2016 (345,831).”

“[I]rregular migrants to Spain continue to arrive at a rate of over 120 per day during the month of November. October was Spain’s busiest month for sea arrivals on month on record, with migrants or refugees entering by sea at a rate of over 350 people per day.”

“Since the beginning of 2018, at least 631 people have lost their lives trying to reach Spain. A recent report by a Spanish foundation for investigative journalism, porCausa.org, found that more than 6,700 people have died or disappeared while trying to reach Spain since 1988. [A]t least 1,144 people died or were lost in the Western Mediterranean in the last five years (data for 1 January 2014 – 21 November 2018), more than half of those – 631 of 1,144 – just in the 325 days of 2018, or almost two victims per day.  [IOM] Missing Migrants also has recorded deaths these years on Spain’s other seaborne migratory route, from the West African mainland to the Islas Canarias. Since 2014, 319 men, women and children have perished on this route.”

“[M]onthly arrivals to Italy have averaged fewer than 2,500 men, women and children entering Italy by sea after departing North Africa since the start of November 2017. July 2017 was the last time monthly sea arrivals of irregular migrants and refugees surpassed 10,000 men, women and children – a total that arrived in 12 of the previous 13 months before that date – and had been arriving regularly in previous years of the Mediterranean emergency.”

No reports of Libyan Coast Guard pull backs / interceptions over previous week

UNHCR did not report any new Libyan Coast Guard pull backs, but the Libyan Coast Guard did conduct an operation to forcibly remove 79 migrants and refugees from a commercial vessel docked at Misrata.

Libyan coast guard forcibly removes 79 refugees and migrants from commercial vessel in Misrata

10 days after being rescued at sea by the Nivin, a Panama-flagged commercial vessel, “‘a joint force raided the cargo ship and used rubber bullets and tear gas to force ([migrants and refugees] off the ship),’ the commander of the [Libyan] central region coastguards, Tawfiq Esskair, told Reuters by phone…. Some had been injured during the disembarkation but were now ‘in good condition’ after treatment in hospital, and all had been taken to a detention center in the city, he said.”

Condemnations of the action were made by Human Rights Watch: “‘This is the worst possible conclusion to the desperate plea of the people on board the Nivin to avoid inhuman detention in Libya,’ said Judith Sunderland, acting deputy Europe and Central Asia director at Human Rights Watch. ‘The situation is the result of efforts by Italy and the European Union to obstruct rescue operations by nongovernmental organizations and empower the Libyan Coast Guard even when Europe knows that Libya is not a safe place.’”; and by

MSF: “We are appalled to see that after 10 days, despite our repeated calls to avoid a violent outcome, no compromise was reached to implement an alternative to detention. What happened instead has once again demonstrated a failure to provide much-needed protection for people seeking safety. The reality today is that people being intercepted at sea and brought back to Libyan shores in violation of international law and maritime conventions are left with no other option than indefinite arbitrary detention. This tragic situation is the result of deliberate and concerted efforts by Europe to prevent refugees, migrants and asylum seekers from reaching its doorsteps at any cost.”

UNHCR does not consider Libya safe place for disembarkation and calls for end to detention of refugees and migrants intercepted by Libyan coast guard

Roberto Mignone, UNHCR’s Chief of Mission in Libya: “It is reprehensible that [refugees and migrants intercepted by the Libyan coast guard] are detained instead of protected. This is despite the fact that viable alternatives to detention within Libya can be found, including through a Gathering and Departure Facility that [UNHCR has] been waiting to open since July, which could offer immediate protection and safety for those most vulnerable….”

“In light of the dangers for refugees and migrants in Libya, UNHCR does not consider it to be a safe place for disembarkation and also has advised against returns to Libya following search and rescues at sea.”

Full statements here and here.

Calais: Worsening living conditions and a steep increase in Channel crossings

InfoMigrants article by Bahar MAKOOI: “The situation in Calais is growing tenser by the day. The number of migrants trying to cross the English Channel is increasing as the freezing cold weather is contributing to the rapidly deteriorating living conditions. Last week, more than 60 migrants illegally made their way into Britain from France, and at least two-thirds of them are believed to have made the perilous crossing by sea, the Guardian newspaper reported on November 18. Although authorities seem to have good idea of the number of successful crossings, the number of fatal attempts have proven more difficult to quantify. On Sunday, the body of a migrant was found stuck under a truck in the Eurotunnel terminal in Folkestone. And on October 2, the body of a migrant who had gone missing a week before was fished out of the canal in Calais….”

Al Jazeera Q&A: Morocco’s border chief hits back at criticism over migrants

Interview by Faras Ghani Khalid Zerouali, Morocco’s border control chief.  Full interview here.

[***] Al Jazeera: How much is it costing Morocco to patrol the border and the sea?

Zerouali: If we talk just about the north apparatus – I’m talking 13,000 guards in the north, equipment, basically functioning from Oujda to Tangier and down south to Kenitra, around 1,100km in total – that’s costing Morocco more than 200m euros ($228m) annually.

Now that the pressure is increasing, the EU proposed financing part of the effort. We’re talking about around 140m euros ($160m). But we said it should not be one shot but sustainable assistance.

Al Jazeera: This is costing a lot. Do you see another solution?

Zeoruali: We shouldn’t be afraid of migration, it’s not a problem. It’s not a mathematical equation. It’s a human matter that needs to be managed. We have to delve into the real causes and things that push people or the ones that attract them.

It costs around 4,000 to 7,000 euros ($4,600 to $8,000) to attempt to reach Spain. It’s not only the poor people who are migrating. One of the factors if the emergence of GoFast boats and that’s coming from the other side. Another factor is some NGOs who are not serious about what they do.

[***]

Al Jazeera: What about Moroccans who want to cross into Spain? Has that been looked into?

Zerouali: In 2002-03, we used to intercept around 20,000 migrants and 18,000 of those used to be Moroccans. This year has been an exception; but say 2015, out of 65,000 there were only 5,000 Moroccans. This year, because of GoFast again, the Moroccan figure is 12-13,000 out of 70,000 interceptions. [***]”

Christian Science Monitor: “In high stakes experiment, EU migration policy moves front lines to Niger”

Article by Peter Ford (@peterfordcsm):

“…As divisive political tensions around migrants rise in Europe, governments there are making their broadest-ever bid to choke off the flow close to its source. … [Niger] has become ‘a centerpiece of EU policy’ in northwest Africa, says the European ambassador to Niger, Denisa-Elena Ionete…. ‘Europe has long been an important partner of ours,’ explains Nigerien Interior Minister Mohamed Bazoum in an interview. ‘Being helpful to the EU is somehow giving them something back’ in return for their longstanding aid. There is little doubt that the new policy has helped cut the number of illegal migrants heading north very substantially. The International Organization for Migration counted 334,000 of them passing through Niger in 2016 and fewer than 50,000 so far this year. A foreign aid worker estimates that there are likely no more than 300 migrants at any one time hiding in houses in Agadez now, compared to at least 2,000 before the law came into effect. ‘The law has had an impact,’ says Harouna Aggalher, a field officer in Agadez for the International Rescue Committee, a New York based non-profit…. That doesn’t mean that they have all got out of the business. Smugglers are taking new and rarely used routes, or simply trusting their GPS and satellite phones and heading into uncharted desert…. ‘People die by the hundreds in the desert,’ says Ahmadou Bossi, commander of the Agadez National Guard contingent, whose patrols have come across three abandoned truckloads of migrants by chance this year. That makes Johannes Claes, the local representative of Doctors of the World, a Belgian NGO that helps migrants, wonder about European policy. ‘If you see the problem as just one of stopping migrant flows, it is a success,’ he says. ‘But if you are causing human suffering and migrants to die, you should consider whether your policy is working.’…”

A Review of Events of the Previous Week in the Mediterranean

The death toll

IOM:  Mediterranean Migrant Arrivals Reach 103,347 in 2018; Deaths Reach 2,054

New EUNAVFOR MED disembarkation policy under consideration which could end practice of disembarkations in Italy

According to Italian media reports (here, here, and here), the European External Action Service has presented a proposal to the Political and Security Committee to change EUNAVFOR MED’s disembarkation practices.  EUNAVFOR MED’s current mandate expires in December. The proposed change would allow the relevant Maritime Rescue Coordination Centre (MRCC) to decide where rescued migrants are to be disembarked and would require new criteria to be considered, including the circumstances of the rescue, the need for EUNAVFOR MED vessels to resume their mission, and principles of efficiency and speed. As a last resort, the proposal would require the country of the MRCC to make available one of its ports for disembarkation, provided that an immediate screening of migrants is organized and an expeditious redistribution of disembarked asylum seekers to other states occurs.

Libyan Coast Guard pull backs / interceptions reach 14,595

UNHCR reports that “as of 14 November, the Libyan Coast Guard (LCG) has rescued/intercepted 14,595 refugees and migrants (10,184 men, 2,147 women and 1,408 children) at sea.”

EUNAVFOR MED close to completing training for 300 Libyan coast guard and navy personnel

EUNAVFOR MED’s training of Libyan coast guard personnel continues.  The latest training segment is scheduled to be completed on 14 December at which time EUNAVFOR MED will have trained over 300 Libyan Coastguard and Navy personnel.

5,400 refugees and migrants held in Libyan detention centres; UNHCR evacuates 262 refugees and migrants from Libya, including some from detention centres

UNHCR estimates there are “5,400 refugees and migrants are presently held in detention centres in Libya, of whom 3,900 are of concern to UNHCR. Over the past month, UNHCR has registered 2,629 persons of concern in detention centres in and around Tripoli.”

“On 12 November, UNHCR evacuated 262 individuals (139 men, 42 women and 81 children) to its Emergency Transit Mechanism in Niger, in the largest evacuation so far this year. The group included individuals held in detention facilities in and around Tripoli (Zintan, Tajoura, Trik Al Sikka, Al Sabaa, Abu-Salim, Qaser Ben Ghasher) and individuals who were living in the urban community. With this departure, UNHCR has evacuated 2,344 individuals out of Libya (1,937 to Niger, 312 to Italy and 95 to Romania).”

FRONTEX: Migratory flows in October down by a third compared to 2017

FRONTEX news release: “In the first ten months of 2018, the number of illegal border crossings into the EU fell by 31% from a year ago to about 118 900, mainly because of lower migratory pressure in the Central Mediterranean. Two months before the end of the year, 2018 is on track to see the lowest number of illegal border crossings since 2013.  In October, some 16 000 illegal border crossings were detected on the main migratory routes into the EU, close to the figure from the same month of last year.

Western Mediterranean – Last month, the Western Mediterranean migratory route accounted for nearly 60% of all detections of illegal borders crossings into the EU. The number of migrants reaching Europe via this route reached nearly 9 400 in October, more than twice the number from the same month of last year.  In the first ten months of 2018, close to 45 900 irregular migrants arrived through the Western Mediterranean route, more than double the figure from the same period a year ago.  Nationals of Morocco, Guinea and Mali accounted for the highest number of irregular migrants crossing this route this year.

Eastern Mediterranean – In October, the number of irregular migrants taking the Eastern Mediterranean route stood at 5 700, nearly the same as in October 2017. Because of a significant increase of illegal crossings in recent months on the land border with Turkey, the total number of migrants detected on the Eastern Mediterranean route in the first ten months of the year rose by 37% to around 47 100. The increase at the sea border was lower.  The largest number of migrants on this route so far this year were nationals of Syria and Iraq, although for the second consecutive month Afghans accounted for the most monthly arrivals.

Central Mediterranean – The number of migrants arriving in Europe via the Central Mediterranean route in October fell to about 800, down 87% from October 2017. The total number of migrants detected on this route in the first nine months of 2018 fell to roughly 21 600, 81% lower than a year ago. So far this year, Tunisians and Eritreans were the two most represented nationalities on this route, together accounting for more than one-third of all the detected migrants there. They were trailed by nationals of Sudan, Pakistan and Nigeria….”

See also IOM: “IOM … reports that 103,347 migrants and refugees entered Europe by sea in 2018 through 14 November. Spain topped 50,440 – more irregular arrivals to Spain through 45 weeks of 2018 than all arrivals during the past three years combined. This marks the fifth straight year arrivals of irregular migrants and refugees have topped the 100,000 mark, although this year’s totals are low compared to those at this time in 2017 (156,708) and 2016 (343,158).  For these first two weeks of November irregular sea arrivals to Spain (2,039) continue to at least double the pace of those to Greece (958) and Italy (487). While flows from Africa to Italy remain low by recent standards, irregular sea migration between Turkey and Greece has been getting busier.”

Amnesty International public statement: “Libya: EU’s Patchwork Policy Has Failed to Protect the Human Rights of Refugees and Migrants”

Amnesty International issued a Public Statement on 12 November – excerpts: “Since late 2016, EU Member States – particularly Italy – have implemented a series of measures to close off the migratory routes through Libya and across the Mediterranean, including boosting the capacity of Libyan maritime authorities, in particular the Libyan Coast Guard, to intercept migrants and refugees and bring them back to Libya. These measures – together with deals negotiated by Italy with local authorities and militias in key smuggling cities, the criminalization of NGOs carrying out search and rescue operations at sea and the imposition of a new policy by Italy to refuse disembarkation to people rescued in the high seas – have reduced the numbers of people arriving in Italy, with only 22,232 arriving so far in 2018 compared to the 114,415 who arrived over the same period in 2017, according to data published by the Italian Ministry of Interior.”

“With these measures, European governments have largely achieved their objective of blocking refugees and migrants from crossing into Europe via the central Mediterranean route. However, these policies have in turn left thousands of refugees and migrants to languish in Libya without regular status, either in detention or living undocumented in the shadows, at risk of violence and exploitation by armed groups. They have also damaged the integrity of the overall search and rescue system, increasing the death rate among people engaging in the sea crossing….”

“Amnesty International also urges the EU and its member states to immediately reset their co-operation with Libya on migration, focusing on protecting the human rights of refugees, asylum-seekers and migrants rather than on their containment in the country. In particular, until Libyan authorities can assert real effective control on the ground and guarantee the protection of the human rights of refugees and migrants in accordance to their legal obligations, no assistance must be offered that may result in further human rights violations and further perpetuate the cycle of violence towards refugees and migrants. Instead, the focus with every effort should be made to help those still languishing in the country to be offered safety in another country….”

“Amnesty International makes the following specific recommendations to EU Governments and Institutions:

• Reset all co-operation with Libya on migration – in the form of financial, institutional, material, policy and/or capacity support – focusing it on the priority of protecting the human rights of refugees, asylum-seekers and migrants in the country.
• Make continuing cooperation with the Libyan authorities on migration conditional on concrete and verifiable steps in the areas indicated in the previous section, and specifically towards the prompt release of all refugees, asylum-seekers and migrants being arbitrarily detained and the end of the system of automatic detention; the full and formal recognition of UNHCR; the establishment of adequate human rights monitoring and accountability mechanisms; and the adoption and enactment of new legislation, providing for the decriminalization of irregular entry, stay and exit and ensuring the creation of an asylum system.
• Open safe and regular routes into Europe, in particular by offering a meaningful number of places for resettlement and alternative pathways to protection to the thousands of people in need of protection and stranded in Libya, and by reviewing migration policies with a view to facilitate regular pathways for would-be migrants. In order to ensure that a bottleneck does not hinder the evacuation from detention for refugees, also take urgent steps to expedite the resettlement process.
• Ensure that an adequate number of vessels with search and rescue as their primary purpose are deployed along the routes taken by boats carrying refugees and migrants, including near Libyan territorial waters, and refrain from transferring to Libyan authorities the coordination of Search and Rescue operations.
• Ensure that NGOs can continue to contribute to rescuing refugees and migrants at sea, limit any cooperation with the Libyan Coast Guard to cases where their intervention is essential to prevent immediate loss of life and make it conditional on measures to mitigate against the risks of disembarkation in Libya.
• Refrain from setting policies that expand the use of detention for refugees and migrants and outsource border control responsibilities to countries outside Europe.”

The Administrative Arrangement between Greece and Germany on asylum-seekers

Via Statewatch: “The Administrative Arrangement between Ministry of migration Policy of the Hellenic Republic and the Federal Ministry of Interior of the Republic of Germany has been implemented already to four known cases. It has been the product of bilateral negotiations that occurred after German Chancellor Merkel faced another political crisis at home regarding the handling of the refugee issue. The document which has been the product of undisclosed negotiations and has not been made public upon its conclusion is a brief description of the cooperation of Greek and German authorities in cases of refusal of entry to persons seeking protection in the context of temporary checks at the internal German-Austrian border, as defined in its title. It essentially is a fast track implementation of return procedures in cases for which Dublin Regulation already lays down specific rules and procedures. The procedures provided in the ‘Arrangement’ skip all legal safeguards and guarantees of European Legislation.

RSA and PRO ASYL have decided to publicize the document of the Arrangement for the purpose of serving public interest and transparency.”

Commentary on the Administrative Arrangement via the European Database of Asylum Law website by Stathis Poularakis, Legal advisor – Advocacy Officer Médecins du Monde – Greece here.

Standoff continues – 81 rescued migrants refuse to disembark from merchant ship in Libya

From the Guardian:  Eighty-one migrants have refused to disembark from a merchant ship off the coast of Misrata in Libya, according to reports.  The migrants were rescued by the ship’s crew a week ago on 10 November, 115 miles east of Tripoli, after leaving Libya on a raft.

Fourteen people decided to leave the cargo ship and were transferred to Libya, while the remaining 81 have refused to disembark in Misrata for fear of being sent back to Libyan detention camps.  ‘I prefer to die on this ship,’ one of the migrants told Médecins Sans Frontières (MSF) when offered to be transferred to a Libyan medical facility.

MSF’s Twitter account stated that ‘others aboard the ship, including minors, had been imprisoned and tortured for over a year at the hands of human traffickers’. ‘It’s a shame that once again the only response given to people in search of safety is prolonged arbitrary detention in the country they desperately attempt to leave,’ said Julien Raickman, the MSF head of mission in Libya….”

Desperation builds in Libyan migrant detention centres

By Sally Haden in The Irish Times:  “A young Eritrean man tried to take his own life in a Libyan migrant detention centre on Monday, three weeks after a Somali man died by suicide in the same centre, according to detainees who found him there. The Eritrean man’s attempt highlights the growing desperation among refugees and migrants returned to Libya, under EU policies aimed at stopping migration to Europe….”

According to Italian media reports (here, here, and here), the European External Action Service has presented a proposal to the Political and Security Committee to change EUNAVFOR MED’s disembarkation practices.  EUNAVFOR MED’s current mandate expires in December. The proposed change would allow the relevant Maritime Rescue Coordination Centre (MRCC) to decide where rescued migrants are to be disembarked and would require new criteria to be considered, including the circumstances of the rescue, the need for EUNAVFOR MED vessels to resume their mission, and principles of efficiency and speed. As a last resort, the proposal would require the country of the MRCC to make available one of its ports for disembarkation, provided that an immediate screening of migrants is organized and an expeditious redistribution of disembarked asylum seekers to other states occurs.

A Review of Events of the Previous

Week in the Mediterranean

The death toll

IOM:  Mediterranean Migrant Arrivals Reach 101,185 in 2018; Deaths Reach 2,040.

UNHCR expresses concern over lack of rescue capability in Mediterranean, but condones Libyan coast guard pull back operations

While UNHCR rightly calls for a change in EU practices, it fails to acknowledge or address the serious problems with the Libyan coast guard’s pull back practices in Libyan territorial waters – practices enabled and funded by the EU.  UNHCR’s latest statement on this subject condones EU-funded Libyan coast guard pull back practices.

From Jeff Crisp (@JFCrisp): “A simple question for UNHCR and IOM: Should asylum seekers who leave Libya by boat have an opportunity to submit an application for refugee status elsewhere, rather than being summarily intercepted and forcibly returned to and detained in the country of departure? Because UNHCR’s global policy says: ‘persons rescued or intercepted at sea cannot be summarily turned back or otherwise returned to the country of departure, including in particular where to do so would deny them a fair opportunity to seek asylum.’”

UNHCR’s statement: “UNHCR continues to be very concerned about the legal and logistical restrictions that have been placed on a number of NGOs wishing to conduct search and rescue (SAR) operations, including the Aquarius. These have had the cumulative effect of the Central Mediterranean currently having no NGO vessels conducting SAR.  Should NGO rescue operations on the Mediterranean cease entirely we risk returning to the same dangerous context we saw after Italy’s Mare Nostrum naval operation ended in 2015 and hundreds of people died in an incident on the central Mediterranean Sea.  UNHCR welcomes the rescue efforts of the Libyan Coast Guard (LCG), as without them more lives would have been lost. Nonetheless, with the LCG now having assumed primary responsibility for search and rescue coordination in an area that extends to around 100 miles, the LCG needs further support. Any vessel with the capability to assist search and rescue operations should be allowed to come to the aid of those in need. UNHCR reiterates that people rescued in international waters (i.e. beyond the 12 nautical miles of the territorial waters of Libya) should not be brought back to Libya where conditions are not safe. The largest proportion of deaths have been reported in crossings to Italy, which account for more than half of all deaths reported this year so far, despite Spain having become the primary destination of those newly arrived. More than 48, 000 people have arrived there by sea, compared to around 22,000 in Italy and 27,000 in Greece. There is an urgent need to break away from the current impasses and ad-hoc boat-by-boat approaches on where to dock rescued passengers. UNHCR reiterates that in recent months, together with IOM, we have offered a regional solution that would provide clarity and predictability on search and rescue operations.”

Security Council extends Libya sanctions to persons planning, directing or committing acts involving sexual and gender-based violence

The UN Security Council on 5 November extended until 15 February 2020 the mandate of the Panel of Experts who oversee the sanctions targeting the illicit export of oil from Libya and decided that perpetrators of gender-based violence may also be subject to sanctions.

From the UN Press Service: “Adopting resolution 2441 (2018) by a vote of 13 in favour to none against, with 2 abstentions (China, Russian Federation), the Council condemned attempts to export petroleum by entities outside the aegis of Libya’s Government of National Accord.  It also reaffirmed the travel ban and assets freeze first laid out in resolution 1970 (2011) (see Press Release SC/101/87/Rev.1 of 26 February 2011), which applies to those engaging in activities that threaten the peace or undermine Libya’s political transition. In renewing the Panel’s mandate, the Council decided that such activities ‘may also include but are not limited to planning, directing or committing acts involving sexual and gender-based violence’, and requested that its members include expertise on such violence in accordance with operative paragraph 6 of resolution 2242 (2015).”

Excerpts from Resolution 2441 (2018):  “The Security Council, [***] Reaffirming the importance of holding accountable those responsible for violations or abuses of human rights or violations of international humanitarian law, including those involved in attacks targeting civilians and stressing the need to transfer detainees to State authority,[***]

11. Reaffirms that the travel ban and asset freeze measures [***] also apply to individuals and entities determined by the Committee to be engaging in or providing support for other acts that threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition, and reaffirms that [***] such acts may also include but are not limited to planning, directing, sponsoring, or participating in attacks against United Nations personnel, including members of the Panel of Experts [***]

and decides that such acts may also include but are not limited to planning, directing or committing acts involving sexual and gender-based violence; [***]

14.  Decides to extend until 15 February 2020 the mandate of the Panel of Experts [***], decides that the Panel’s mandated tasks shall remain as defined in resolution 2213 (2015) and shall also apply with respect to the Measures updated in this resolution and requests the Panel of experts to include the necessary sexual and gender-based violence expertise, in line with paragraph 6 of resolution 2242 (2015); [***].”

Almost 5500 people held in Libyan Directorate for Combatting Illegal Migration detention centres

UNHCR estimates that as of 9 November there are an estimated 5,413 refugees and migrants held in DCIM operated detention centres in Libya of whom 3,988 are persons of concern to UNHCR.

Nearly every woman who makes irregular migrant crossing from Africa to Spain is sexually abused during the journey

From U.S. National Public Radio: “Immigration lawyers and activists say nearly every woman who makes the [irregular] journey [from Africa] to Spain is sexually abused along the way – sometimes they come through sex trafficking mafias, who facilitate the crossing in return for a debt of tens of thousands of dollars. Women sometimes arrive pregnant or with infants conceived on their journey, often a result of rape.”

Mixed Migration Review 2018 – Highlights / Interviews / Essays / Data

From MMC: “This first publication of the annual Mixed Migration Review by the Mixed Migration Centre offers a review of mixed migration around the world focusing on key events and policy developments during the 2017/2018 period. The report includes a series of essays looking at the most salient and polemical issues facing the refugee and migration sectors with respect to mixed flows, as well as a series of interviews with individuals and officials closely associated with or relevant to the sector and its challenges. The report is based on a wide range of research as well as exclusive access to 4Mi data from over 10,000 interviews with refugees and migrants in over twenty countries along seven major migratory routes. In three major sections (the migrants’ world, the smugglers’ world and global debates), the report offers a deep analytical dive into the world of mixed migration. The report does not offer one-size-fits-all solutions or simple conclusions, but raises many difficult questions and treats the mixed migration phenomenon with the complexity it deserves.”

Summary from Reliefweb: “Despite different motives and routes, migrants in mixed migration flows have one thing in common: they experience severe abuses, often as victims of policies trying to stop them and via the smugglers who profit from their movements. But most people would do it again, despite the abuses….”

“Global motivation for migration exceeds the limited possibilities to cross borders. Restrictive policies do not change the scale of migration but how people migrate and the routes they use. If refugees and migrants don’t succeed in the current restrictive environment, they will increasingly need to travel irregularly – with more abuses to follow. The data from the 4MI project with over 10,000 interviews indicates that depending on where migrants and refugees are interviewed, between one third and two thirds of all respondents report having experienced sexual or physical violence, robbery or kidnapping.”

“‘Rather than reducing irregular migration, policy efforts tend to lead smugglers to adapt their routes and methods that make journeys more dangerous for refugees and migrants. At least 60,000 refugees and migrants have died during their journey since the start of this century. But if governments only seek to restrict migration and asylum arrivals, lucrative business opportunities will continue to be available for smugglers. In many locations it occurs with the collusion of state officials who might otherwise interdict smuggling activities,’ says Bram Frouws, head of the Mixed Migration Centre.”

“One of the reasons people on the move are exposed to violations is the dependency on and rise of the migrant smuggling business. In 2016 at least 2.5 million people were smuggled worldwide for an economic return of up to $7 billion. But smugglers are a heterogenous group – as the more than 300 interviews conducted with smugglers by MMC reveals.”

“‘Smugglers are responsible for 50 percent of all incidents of sexual violence, physical violence, robbery and kidnapping reported by refugees and migrants interviewed through MMC’s 4Mi project. But smugglers often provide them their only option to reach safe havens. If people want to migrate, there will be smugglers – and being honest about smuggling also entails recognising that, despite everything, smugglers mostly deliver on their promises.’ says Bram Frouws.” [***]

“‘While irregular migration by sea to the EU has gone down a sense of crisis prevails and most policy initiatives from the EU still aim at keeping people out of Europe. The number of refugees and migrants crossing the Mediterranean has decreased in the past two years, but due to actions to stop this migration the mortality rate has increased sharply. Even if people are aware of these risks, this should not impact on their human rights and dignity. And with the joint policy efforts and money spent on combatting migration, it is worth taking this report to policy makers asking the question: Are there not more humane and economically smarter and more rational ways to organize migration?’ ends Bram Frouws.”

100,000 expected to have travelled “eastern route” via Yemen by end of year

From the Guardian: “More than 100,000 people are expected to travel along at least part of this ‘eastern route’ by the end of this year, as many as are anticipated to cross the Mediterranean, according to latest statistics. It is supposed to be the safer option, avoiding a long desert journey, but is lethal enough. Local humanitarian officials and security experts say it is impossible to know how many have been killed in incidents similar to that described by Adam. Estimates range from 150 a year to 10 times as many. ‘There can be up to five or 10 boats leaving every day, sometimes many more … Even if there is just one migrant dying every day that’s too many, but there are likely to be many more deaths that are unaccounted for,’ said Danielle Botti, a Nairobi-based analyst with the Mixed Migration Centre.”

British Institute of International and Comparative Law launches project looking at migrant rescues at sea

“The British Institute of International and Comparative Law announced today that it is launching a new project looking at the responsibilities of and implications for private vessels of maritime search and rescue of migrants and refugees. The project, led by Associate Senior Research Fellow Dr Jean-Pierre Gauci, will examine the roles, responsibilities and legal implications for private vessels involved in the rescue of migrants and refugees at sea.

It will examine the commercial and shipping law implications of such rescues and related issues such as delays in disembarkation, as well as the human rights implications including issues that arise from instructions by SAR States to return individuals to countries where their life and liberty might be threatened. The role played by and implications for and of NGO rescue operations will also be considered. The project will entail legal analysis, consultation with relevant stakeholders and the development of guidelines and training.”

The UN Security Council on 5 November extended until 15 February 2020 the mandate of the Panel of Experts who oversee the sanctions targeting the illicit export of oil from Libya and decided that perpetrators of gender-based violence may also be subject to sanctions.

From the UN Press Service: “Adopting resolution 2441 (2018) by a vote of 13 in favour to none against, with 2 abstentions (China, Russian Federation), the Council condemned attempts to export petroleum by entities outside the aegis of Libya’s Government of National Accord.  It also reaffirmed the travel ban and assets freeze first laid out in resolution 1970 (2011) (see Press Release SC/101/87/Rev.1 of 26 February 2011), which applies to those engaging in activities that threaten the peace or undermine Libya’s political transition. In renewing the Panel’s mandate, the Council decided that such activities ‘may also include but are not limited to planning, directing or committing acts involving sexual and gender-based violence’, and requested that its members include expertise on such violence in accordance with operative paragraph 6 of resolution 2242 (2015).”

Excerpts from Resolution 2441 (2018):

“The Security Council, [***] Reaffirming the importance of holding accountable those responsible for violations or abuses of human rights or violations of international humanitarian law, including those involved in attacks targeting civilians and stressing the need to transfer detainees to State authority,[***]

11. Reaffirms that the travel ban and asset freeze measures [***] also apply to individuals and entities determined by the Committee to be engaging in or providing support for other acts that threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition, and reaffirms that [***] such acts may also include but are not limited to planning, directing, sponsoring, or participating in attacks against United Nations personnel, including members of the Panel of Experts [***]

and decides that such acts may also include but are not limited to planning, directing or committing acts involving sexual and gender-based violence; [***]

14. Decides to extend until 15 February 2020 the mandate of the Panel of Experts [***], decides that the Panel’s mandated tasks shall remain as defined in resolution 2213 (2015) and shall also apply with respect to the Measures updated in this resolution and requests the Panel of experts to include the necessary sexual and gender-based violence expertise, in line with paragraph 6 of resolution 2242 (2015); [***].”

The death toll

IOM: Mediterranean Migrant Arrivals Reach 97,857 in 2018; Deaths Reach 1,987

30 years ago, 1 November 1988, the first documented death on a Spanish beach

“When the body of a Moroccan man washed up on a beach in Tarifa in 1988, no one knew that it would be the first of more than 6,700 fatalities.  It was November 1, 1988, a date that continues to haunt journalist Ildefonso Sena. He took 10 photos of the scene with his Nikon compact camera but only one was needed for the incident to send shock waves through Europe. Without intending to, he had immortalized the first migrant death in the Strait of Gibraltar….”

Associated Press documents over 56,800 migrants dead or missing worldwide, almost double the number of other estimates

“An Associated Press tally has documented at least 56,800 migrants dead or missing worldwide since 2014 — almost double the number found in the world’s only official attempt to try to count them, by the U.N.’s International Organization for Migration. The IOM toll as of Oct. 1 was more than 28,500. The AP came up with almost 28,300 additional dead or missing migrants by compiling information from other international groups, requesting forensic records, missing persons reports and death records, and sifting through data from thousands of interviews with migrants….”

Libyan Coast Guard pull backs / interceptions reach 14,249; October interceptions 45% less than previous months

UNHCR reports that “as of 29 October, the Libyan Coast Guard (LCG) rescued/intercepted 14,249 refugees and migrants … during 109 operations. On 26 October, 93 refugees and migrants were disembarked at the Tripoli Naval Base, the majority of whom were from Sudan, Bangladesh, South Sudan, Somalia and Mali. Overall in October, 351 refugees and migrants were disembarked in Libya, which marks a 45 per cent decrease in comparison with previous months (713 individuals in September and 552 individuals in August).”

Tunisian president rejects idea of EU disembarkation centres

Tunisian President, Beji Caid Essebsi, said opening refugee reception centres in countries such as Tunisia was “out of the question.”

ICC Chief Prosecutor said her office continues to collect evidence of alleged crimes committed against migrants transiting through Libya

Fatou Bensouda, the Chief Prosecutor of the International Criminal Court, told the UN Security Council that “her office continues to monitor criminal conduct carried out by members of armed groups in Libya who use violence to exert control over State institutions, commit serious human rights violations and exploit detainees in unregulated prisons and places of detention throughout the country.  She added that she hopes to soon be able to apply for new arrest warrants for such crimes.   She also, she said, continued to receive evidence of alleged crimes committed against migrants transiting through Libya, including killings, sexual violence, torture and enslavement.”

The last NGO migrant rescue ship again loses its flag and cannot sail

Italy is again close to its goal of eliminating NGO rescue vessels in the Mediterranean.  From the Guardian: “Last private search vessel in the Mediterranean unable to sail, with campaigners blaming pressure from Italian government. A desperate search is under way for a country willing to issue a flag to the Aquarius, the last civilian migrant rescue ship operational in the Mediterranean, after its Panamanian flag officially expired this week.  The Aquarius is unable to sail without a flag and is now grounded in Marseilles, starting an effective blackout across the Mediterranean, with no vessels aside from the Libyan coastguard conducting search and rescue operations.  ‘We are in a race against time to find another state willing to issue a flag to the Aquarius,’ said Sophie Beau, co-founder of SOS Méditerranée, the organisation operating the vessel alongside Médecins Sans Frontières (MSF)….”

Italian prosecutor orders probe into claim that US navy ship failed to rescue migrant boat

From AFP: “According to La Repubblica newspaper, the prosecutor for the city of Raguse in Sicily had asked investigators to ‘look deeper’ into claims by survivors that the USS Trenton had sailed past their rubber dinghy when it was still afloat on June 12….The dinghy capsized off the coast of Libya with about 118 people on board. It was the same navy ship, the USS Trenton, which later saved 42 of those in the water, survivors have claimed.”  See video of interviews with survivors here.

Morocco imposes new visa rules to deter EU-bound migrants

From Africa Times and Reuters: “The Government of Morocco, under pressure to stem the tide of African migrants crossing into Spain, has established new entry visa rules for travelers from some African nations. Reuters reports that the new requirements apply in up to seven countries that have historically had no visa requirement to visit Morocco. Neighboring Algeria and Tunisia are exceptions to a rule that requires people to fill out an online form at least four days before their trip. Morocco has cracked down on migrants seeking to cross the Mediterranean Sea on routes that keep moving west, after first Turkey and Greece, and then Libya, sealed off routes to Europe….”

REACH and Mercy Corps Report: “Tunisia, country of destination and transit for sub-Saharan African migrants”

By REACH in partnership with Mercy Corps: “Summary – Since the early 2000s the number of sub-Saharan migrants in Tunisia has been increasing. Official statistics show that between 2004 and 2014 the number of non-Tunisian nationals residing in Tunisia increased by 66%, passing from 35,192 to 53,490 individuals. This excludes, however, the more than 10,000 sub-Saharan migrants in an irregular situation estimated to be living in the country, on whom no reliable and up-to-date statistics are available. Furthermore, between 2016 and 2017 the number of sub-Saharan nationals who were apprehended off the Tunisian coast in an attempt to reach Europe by boat rose from 71 to 271 individuals. While figures on sub-Saharan African apprehensions have remained low overall, the question has arisen whether Tunisia is becoming an increasingly popular destination and transit country for sub-Saharan migrants in the North African region, especially considering the recent developments in Libya and the increase in irregular departures of sub-Saharan and Tunisian migrants to Europe.  In response to the lack of information on sub-Saharan African migration to Tunisia and its most recent dynamics, REACH and Mercy Corps conducted the study ‘Tunisia, country of transit and destination for sub-Saharan African migrants’. Data collection activities took place from 9 August to 2 September 2018 in Tunis, Sfax and Medenine, known for being the three main migration hubs in Tunisia for sub-Saharan migrants. The report also contains reference to data collected by the Mixed Migration Monitoring Mechanism Initiative (4Mi) in 2017 in Tunisia and analysed by REACH. The study aims to analyse the following dimensions of sub-Saharan migration to Tunisia: (1) migration drivers, (2) routes, (3) protection risks faced while en route and (4) living conditions in Tunisia, as well as (5) migratory intentions and (6) mobility to and from Tunisia’s neighbouring countries of sub-Saharan African migrants.”

Statewatch Analysis by Tony Bunyan “From the ‘carrot and stick’ to the ‘stick’ From GAMM (2005) to ‘Partnership Frame works’ (2016) in Africa”

Statewatch Analysis. Nov. 2018: “The EU has finally lost patience with a decade-long approach based on dialogue with countries in Africa calling for the return and readmission of refugees. Under plans adopted by the European Commission on 7 June 2106 the EU is explicitly seeking to exploit Member States’ historical neo-colonial links to try to contain the movement of migrants and refugees….”

EC Migration & Home Affairs: EMN Bulletin, 26 Oct, Latest EU and national developments on migration and asylum (July – Sept. 2018)

The EMN Bulletin provides policymakers and other practitioners with updates on recent migration and international protection policy developments at EU and national level.     1. General policy developments; 2. Implementation of the Common European Asylum System; 3. Unaccompanied Minors and Vulnerable Groups; 4. Legal migration and Integration; 5. Management of EU external borders; 6. Irregular migration and return; 7. Actions Addressing Trafficking in Human Beings; 8. External dimension; Annex on EU & Complementary Statistics, Additional information, other EMN outputs and upcoming events.

EASO publishes judicial analysis on asylum procedures and the principle of non-refoulement.

“The analysis is primarily intended for use by members of courts and tribunals of EU Member States concerned with hearing appeals or conducting reviews of decisions on applications for international protection. It aims to provide a judicial analysis on asylum procedures and non-refoulement as primarily dealt with under the Asylum Procedures Directive 2013/32/EU (APD (recast)). It is intended to be of use both to those with little or no prior experience of adjudication in the field of international protection within the framework of the CEAS as well as to those who are experienced or specialist judges in the field. As such, it aims to be a useful point of reference for all members of courts and tribunals concerned with issues related to asylum procedures and non-refoulement. The structure, format and content have, therefore, been developed with this broad audience in mind. Moreover, it is hoped that it will contribute to ‘horizontal judicial dialogue’.”