Ivan Camilleri, Brussels
Brussels defends Italy-Libya agreement
Busuttil denounces immigration ‘hypocrisy’
The European Commission finds nothing wrong with Libya taking back illegal immigrants rescued on the high seas by Malta and Italy.
In the first unambiguous statement supporting the practice, the new Director General for Migration, Stefano Manservisi, defended the bilateral agreement which Italy signed with Libya in 2009 and which saw the North African state take back most of the migrants recued in the Mediterranean.
The so-called push-back policy has come under fire from humanitarian organisations including the UN refugee agency UNHCR, which point to Libya’s human rights record and the fact it is not a signatory to the Geneva Convention, a human rights treaty which guarantees the rights of asylum seekers.
Mr Manservisi argued that Libya was a signatory to the 1969 Addis Ababa Convention governing aspects of refugee problems in Africa, which binds Libya to principles which he said were similar to those of the UN convention, including cooperation with UNHCR.
His comments, however, come a few months after Libya, a country faced with a numerous reports of human rights abuses, shut down the UN refugee office in Tripoli.
Mr Manservisi insisted that Italy’s cooperation with Libya on illegal immigration was giving positive results, adding that “there is nothing which goes against EU laws in the bilateral agreement between Italy and Libya.
“Although the Commission prefers a European rather than a bilateral agreement, this bilateral agreement between Italy and Libya had proved to be efficient because illegal migration had been stopped,” he said.
“The Commission had been notified with the agreement and it found it to be perfectly in conformity with EU law.”
He was speaking during a special session of the Civil Liberties Committee of the European Parliament (EP) held on the request of the Socialist, Communist and Green Groups, to discuss reports that Libya would repatriate some 400 Eritreans to their homeland after they were sent back by Italy.
Mr Manservisi reassured the committee that Libya had agreed not to repatriate any of the Eritreans in question.
Malta has been an indirect beneficiary of the bilateral agreement. Since the deal’s entrance into force last year, illegal immigrant landings have almost completely stopped and so far this year, a single group of 27 illegal immigrants has reached Malta.
Intervening in the debate, Nationalist MEP Simon Busuttil, who is also the European People’s Party’s spokesman on migration issues, denounced the hypocrisy being shown on immigration by those who criticised action against illegal immigration but then remained silent on who should carry the responsibility for them.
He also defended Italy’s agreement, pointing out that it had so far proved to be the only effective measure to counter irregular immigration.
Dr Busuttil cautioned against hypocrisy, into whose trap some risked falling by criticising the bilateral agreement but remaining silent when it came to responsibility sharing.
“Those who criticise these agreements have no reply when we ask them who is going to shoulder the responsibility to take them. They want migrants to freely cross into Europe but then expect the southern countries like Spain, Italy, Greece and Malta to take them. This is not an option,” Dr Busuttil told his fellow MEPs.
The EU has been trying to discuss a framework cooperation agreement with Libya for several years, including the issue of illegal migration.
However, discussions with Tripoli have been very slow. To this end, Home Affairs Commissioner Cecilia Malmstrom will be paying an official visit to Tripoli in October.
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Sean Grima
Jul 27th 2010, 13:32
Stefano Manservisi is only saying that there is nothing in EU law which prohibits such an agreement. In fact, EU law is not the only law: the right to asylum emanated from national law, implementing a UN convention. Consequently, the "push back" policy is still in violation to the right of asylum.
Tonio Azzopardi
Jul 27th 2010, 12:17
Malta should escalate efforts with Tripoli and strive for both countries to enact a similar type of bilateral agreement as the one Italy formulated with Libya. This is an intrinsic first step.
Next, Malta is to start lobbying within the EU for resources and logistical support in the planning of readmission programmes for illegal immigrants who do not qualify for any type of protection.
This is a very delicate area and such programmes must not be as ‘punishment’, but more as a rational answer to the over burden issue.
Subsequently, the EU must start giving sufficient attention to the 'root causes' for this phenomenon of illegal migration. Former colonial countries must not abduct from their historical accountability for places like Somalia, were people leave the country due to the threat posed by conflict and human rights abuses.
The EU needs to support and continue to augment resources to the African Union efforts within and surrounding Somalia. A safe haven near or within Somalia will save more lives, and deter human traffickers.If secure havens are ingrained within Somalia’s foot print, ‘free’ Somali will grab the opportunity to regroup, and organize themselves to regain their country’s sovereignty and stability.
Patrick Sacco
Jul 27th 2010, 11:54
This shows clearly how right we were to defend our country from ILLEGAL immigration years ago. Thank you Mr Manservisi for your help and thank you Brussels for waking up (after 5 long years) and smelling the coffee. As for you Dr. Busuttil your 'burden-sharing' farce has failed miserably and so your honourable next step is to resign with immediate effect. That is what gentlemen usually do. Meno male che c'e Silvio.
Sean Grima
Jul 27th 2010, 11:28
it is easy for people to think with their emotions - or should that be prejudice? - and say that these immigrants are illegal because they arrive without a visa and should thus be repatriated .what they conveniently omit to mention is that maltese law also protects the right to seek asylum - even if a migrant has arrived illegally. if the government sends them back, it would be violating maltese law.
all other conjectures of social upheavel and economic considerations, besides being, at best, arguable on their merits, are irrelevant: it is the law which counts.
Trevor Lorenzo Mizzi
Jul 27th 2010, 12:04
Laws change all the time Grima.
Sean Grima
Jul 27th 2010, 13:12
are you suggesting the right to asylum, which is granted by all modern democratic states, be removed?
lgalea
Jul 27th 2010, 14:03
Whether you like it or not you got your answer Sean Grima.
Sean Grima
Jul 27th 2010, 15:37
are you suggesting we remove the right to asylum?
Denis Catania
Jul 27th 2010, 15:51
@sean grima: You have been mentioning this court case for months, now do you respect this decision? The decision that most Maltese wanted and are welcoming.
Sarah Attard
Jul 27th 2010, 16:19
@Denis Catania There is nothing to respect about this decision whatsoever. It's deplorable. It blatantly ignores our responsibility towards international human rights conventions.
Trevor Lorenzo Mizzi
Jul 27th 2010, 16:28
The word here is "Changed", not "Removed".
Laws are changed and amended all the time in this world.
Chris Mifsud
Jul 28th 2010, 10:08
@Sean Grima
Yes, I suggest we remove the right to asylum.
Sean Grima
Jul 28th 2010, 10:36
thankfully the people in government have more sense.
Louise Vella
Jul 27th 2010, 11:27
We now expect the reaction of UNHCR, JRS, Migrants Solidarity Movement, Amnesty International and all other professional do-gooders. If they want to be of benefit to their fellow human beings they should go to Africa to help eliminate poverty and civil wars. The solution to Africa’s problems does not lie in the transfer of millions of Africans to Europe.
Louise Vella
Jul 27th 2010, 11:22
Foremost among the hypocrites is Sweden. The Swede Cecilia Malmstrom, the EU Commissioner responsible for illegal immigrants has put pressure on Malta to accept most illegal immigrants found in the central Mediterranean. But Sweden has sent back to Malta 550 illegal immigrants that had escaped from here to go to the paradise of human rights up in the north. The Swedes think they are morally superior and preach to us the people of southern Europe, but they are the last when it comes to burden sharing.
Humanitarian organisations have been indirectly encouraging the influx of illegal immigrants from Libya by all their noises in favour of so called human rights. After this statement they do not have a leg to stand on. In the meantime the vast majority of ordinary Maltese agree with the push-back policy to Libya. In the current timesofmalta.com poll 80.5 % of respondents vote in favour of sending illegal immigrants back to Libya.
Mario Tabone-Vassallo
Jul 27th 2010, 10:20
Fl-ahhar ftit sens. Prosit. Kieku ma tqajjimx storbju hawn, kienu jhalluna negherqu. M'ghadnix wahdi. Kulhadd jaf jaghmilha tal-generuz b'but haddiehor jew qaddis u jghabbi lil haddiehor. Ghadna l-boghod milli nehilsu mix-xkiel tat-traffikanti tan-nies u l-abbuz ta' dawn l-imsejkna. Jinhtieg ghassa u kontrol sewwa tal-linji tat-traffikar f'pajjizna stess, ghax malajr nergghu koppi
Charles Sammut
Jul 27th 2010, 10:11
Dr Busuttil would do better to say nothing than to confirm his political myopia when he proposed 'burden-sharing', something that would have acted as a bright light to moths and attracted countless thousands of illegal immigrants to our shores in the hope of eventually settling in Europe.
Had Dr Busuttil been duly diligent, he would have come up with this years ago. But I can imagine that Dr Gonzi, manipulated as he is by the Catholic Church, would have opposed this for fear of mortal sin and eternal damnation. We still have Dr Gonzi insisting that cruise ship tourists and illegal immigrants on dinghies have the same rights. I am grateful to Fr Joe Borg for bringing this to our attention in his blog: http://www.timesofmalta.com/blogs/view/20100721/fr-joe-borg/boat-people-and-cruise-people
Never did the saying "Meno male che c'e Silvio." ring so true. It is thanks to Berlusconi and the Lega Nord that Malta has been saved, and this in spite of GonziPN and its string pullers at the Vatican.
Joe Grima
Jul 27th 2010, 11:36
Charles Sammut. Very well said. Yours is the all embracing comment that envelops the entire situation as it truly is. A nation paying the price of a Prime Minister scared s...less of treading on the Archbishop's toes. E.. Mela dak bhall WE, nigu bzonnu fi zmien l'elezzjoni. Ibza ghalih Dr Gonzi.