Wednesday

28th Jul 2021

EP lawyers back EU plans for migrant centres in Africa

  • Estimates suggest around 5,000 people are currently trapped in Libyan detention centres (Photo: UNHCR.org)

Lawyers working at the European Parliament on Tuesday (27 November) struggled to provide a detailed analysis of whether stalled EU plans to offload rescued migrants in north Africa were legal - but ultimately backed the controversial concept.

"It was at least a brave attempt to piece together, sort of like bits of circumstantial evidence from a kind of a crime scene, to see what the hell this is," British centre-left MEP Claude Moraes said of their efforts.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

Speaking at the parliament's civil liberties committee, a lawyer from the legal service was only able to provide an oral summary of their report, citing confidentiality issues.

But EUobserver has obtained a full copy of the 10-page confidential report, which attempted to provide a legal analysis of stalled EU plans to set up so-called 'regional disembarkation platforms' in north Africa and controlled centres in Europe.

The report broadly rubber stamps the legality of both concepts, but with conditions.

It says "controlled centres and/or disembarkation platforms of a similar nature could be, in principle, lawfully established in the European Union territory."

It states disembarkation platforms "could lawfully be established outside of the European Union, in order to receive migrants rescued outside the territory of the Union's member states."

It also says EU law does not apply to migrants rescued at high sea, even with a boat flying an EU-member state flag.

"We can't consider a vessel flying a flag of a member state to be an extension of a member state," the lawyer told the MEPs.

EU law is also not applied if the migrant is rescued in the territorial waters of an African coastal state, states the report.

It also notes that people rescued in EU territorial waters cannot then be sent to disembarkation platforms in an non-EU state.

Morocco and other bordering coastal states must apply the 1951 Geneva Convention and must be considered safe before allowing them to host any disembarkation platform.

Earlier this year, the European Commission tasked the EU's asylum support office to analyse the safety of both Morocco and Tunisia.

But neither country has voiced any interest in hosting such platforms.

The two countries were then presented over the summer by EU heads of state and government as a possible solution to further stem boat migrants from taking to the seas in their efforts to reach Europe.

The concepts, initially hatched by the International Organisation for Migration (IOM) and the UN refugee agency (UNHCR), were met with disdain by north African states, who viewed them as a veiled attempt by the EU to outsource its problem back onto them.

Furthermore, not a single EU state has expressed any interest to host a controlled centre.

Human rights defenders have also raised alarm given the poor treatment of thousands of refugees and migrants stuck in over-crowded camps on the Greek islands.

Attempting to replicate similar camps or centres elsewhere has only heightened those fears.

But the EU says it is pressing ahead anyway.

"The disembarkation arrangement, the discussion, is proceeding in the Council," said Vincet Piket, a senior official in the EU's foreign policy branch, the EEAS.

EU looks at Morocco and Tunisia to offload migrants

EU member states and the European Commission are pressing ahead with plans to possibly use Morocco and Tunisia as countries to offload asylum seekers and migrants - part of larger bid to create a so-called "safe third country" list.

Libyan militia cash in on EU's anti-smuggling strategy

More people in Libya are being inducted into slavery as people-traffickers try to monetise their investment by selling them. A senior UN refugee agency official described it as an unintended side effect of the reduction of migrant boat departures.

Agenda

Brexit vote and Merkel's successor top This Week

Europe heads into uncertain territory with France in turmoil, the UK voting on the Brexit deal, and Germany will have a new leader of its largest ruling party. EU leaders will also discuss the eurozone and migration at their summit.

'We are not slaves': Brussels' migrant hunger-strike

Almost 500 undocumented migrants in Brussels have been demanding a legal pathway for residency in Belgium. Most have been on hunger strike since 23 May, with some now refusing water. MEPs are demanding the Belgian government offer them a solution.

Frontex chief accused of possible rights 'cover up'

A group of MEPs delivered their final report into the EU's border agency Frontex. After a four-month probe, they found it had failed to take its responsibility to protect fundamental rights at Europe's external borders.

Feature

The exploited Sikh labourers babysitting Italy's buffalos

The migrant workers are exploited (by landlords and dairy-businessmen) like slaves. They work up to 14-hours per day, every single day non-stop without any leave, for barely €400 per month. If they get injured, their bosses hide these incidents.

On board with SOS Méditerranée

Libyan police lieutenant: 'Coast guard are smugglers'

The Libyan coast guard actively works with smugglers and are run by a militia, an ex-Libyan lieutenant police officer. The EU is buying the guard three new P150 high speed patrol boats.

Stakeholders' Highlights

  1. Nordic Council of MinistersNineteen demands by Nordic young people to save biodiversity
  2. Nordic Council of MinistersSustainable public procurement is an effective way to achieve global goals
  3. Nordic Council of MinistersNordic Council enters into formal relations with European Parliament
  4. Nordic Council of MinistersWomen more active in violent extremist circles than first assumed
  5. Nordic Council of MinistersDigitalisation can help us pick up the green pace
  6. Nordic Council of MinistersCOVID19 is a wake-up call in the fight against antibiotic resistance

Latest News

  1. EU hits vaccination target, as Delta variant now dominates
  2. European arms 'displaced over a million people', research finds
  3. Brexit: what is the 'Lugano Convention' and does it matter?
  4. US maintains summer travel ban on EU tourists
  5. Does democracy need troublemakers?
  6. Separating migrant families at EU borders must stop
  7. Germany mulls restrictions for unvaccinated as cases soar
  8. 'Prison island' birthplace of EU reborn as think-tank venue

Join EUobserver

Support quality EU news

Join us