Fleeing the conflict in Libya

This week the first boats carrying asylum-seekers from Libya arrived in Malta. More than 800 Somalis, Eritreans and people of other nationalities were finally able to step ashore on safe territory thanks to the interventions of the Armed Forces of Malta. In this case the treacherous journey by sea appears to have been concluded without the loss of lives.

For many of these men, women and children it is the first time in years that they do not have to fear for their personal safety. Malta has reason to be proud of this contribution to realising refugee protection.

The backdrop is of course the wind of change sweeping across the Arab world. Redistribution of political power is taking place in countries which have been trapped in a deadlock of despotism, corruption and poverty.

Libya is among the nations that now may have a chance to escape decades of totalitarian rule. But the situation is getting worse before it can get better. Weeks of unrest have forced several hundred thousands to flee, and many are still trying to escape the country.

Malta has received much deserved praise for its role in facilitating evacuation of foreigners from Libya. Once again its strategic position has made the island a crossing point for people on the move.

The seamless organisation of arrival and departure of more than 15,000 people of many nationalities has showcased Malta to the world as a welcoming safe haven and a highly capable modern state.

Not everyone who found themselves in the middle of this revolution were so lucky. Refugees and asylum seekers have already for some time been facing serious difficulties in Libya, among them Somalis, Eritreans and others hailing from sub-Saharan Africa. Now they find themselves between a rock and a hard place; at risk of being caught in the crossfire and in some cases targeted both by Gaddafi’s regime as well as elements of the rebel movement.

Chilling reports of killings and rape have emerged in recent weeks. But no country will be organising their evacuation. For many of those trapped in Tripoli and elsewhere the journey overland to reach the borders is too dangerous to even consider.

So it is no surprise that some are now seeking protection across the Mediterranean. As the rough seas of winter are subsiding, departure on boats and dinghies is becoming a feasible possibility. Unscrupulous smugglers are no doubt ready to exploit those desperate enough to risk everything.

While there are so far no indications that there will be an influx of “biblical proportions”, there is no doubt that high numbers of arrivals present significant challenges for countries receiving refugees. Burden and responsibility sharing receives much rhetorical support, but the fact remains that intra-European mechanisms have yet to prove their effectiveness in addressing imbalances in refugee arrivals.

That said, in recent years around 1,000 people who were granted protection in Malta have been assisted to leave for the US and several European countries. This has had a significant impact on the situation in Malta and programmes are ongoing which will increase this number in the coming months.

Meanwhile, Malta does in fact have both the experience and the capacity to handle new arrivals. Basic reception arrangements are in place and asylum procedures are implemented by responsible government entities. The UNHCR and other organisations are ready to provide support as required.

Last week the Council of Europe Commissioner for Human Rights visited Malta. In UNHCR’s view he raised important issues relating to the situation for refugees and asylum seekers. On the basis of international refugee law our office has for some time advocated that it is not appropriate nor necessary to make use of systematic detention for asylum seekers, in particular when people are fleeing directly from an armed conflict.

The vast majority of the new arrivals also originate from Somalia and Eritrea where return is not an option. Describing them as “illegal migrants” is at best a misnomer.

The international community’s interventions in Libya have been carried out in pursuit of a United Nations mandate to protect civilians. Following the arrivals this week Malta is contributing in no small way to this worthy objective. UNHCR commends Malta and Italy for keeping borders open for those who need it the most and we call for solidarity with the countries at the front line of the Libya situation. As displacement numbers grow, both overland and by sea, it is apparent that a broad international response is required.

Mr Hoisaeter is the representative of UNHCR Malta.