The introduction of the EU Frontex sea patrols and Malta's tough line, and talk, against illegal immigration seem to have had little impact on Africans fleeing poverty and persecution.

As the 'immigration season' tails off, statistics obtained from the Home Affairs Ministry show that the total number of immigrant arrivals so far this year amounts to 1,690 - marginally less than the 1,780 landings last year.

The situation remains ever less rosy detention and open centres. And with more strife enveloping the African continent, Malta is guaranteed only a temporary reprieve during the winter months.

Neil Falzon, head of the UN Refugee Office in Malta, is not surprised that the figures of arrivals remain high as the intended deterrent effect of the EU's border patrols only have a limited impact.

Last September, EU Justice Commissioner Franco Frattini claimed that EU patrols in the Mediterranean turned back more than 700 would-be illegal immigrants during its operations last July and saved many lives.

He insisted that the operation was about dissuading human trafficking, so much so that he was informed that the market price to make the trip had dropped from $1,000 to $250 since the week prior to the so-called Nautilus II mission.

"The traffickers watch Italian and Maltese TV and knew about the start of Frontex operations in the Mediterranean," the commissioner told reporters.

In fact, it was noted that most of the migrants' boats were this year painted dark blue or grey to detract attention.

A spokesman for the army told The Sunday Times that in 2007 all immigrants either rescued or landing in Malta were on relatively small boats, each carrying relatively few people.  

Had there been more larger craft involved in illegal migration, as experienced by the Italian authorities in Lampedusa and Sicily, the situation would have been different.

Another aspect to be considered is the success of the Frontex operations in the Canary Islands, which led to a reduction of 60 per cent in arrivals. Spain has been very successful in reaching co-operation agreements with west African states from where immigrants traditionally depart in their attempt to reach the Canary Islands.  

Considering this success in West Africa, it is likely that migrants who normally take that route would seek an easier passage to reach Europe, the AFM said.

Nevertheless, the army believes Frontex has been instrumental in assisting Malta and Italy in the central Mediterranean and has greatly reduced the loss of life of migrants, as they were found early in their voyage.

"It is the experience of the AFM that in the vast majority, migrants intercepted do not want to proceed towards Malta and persist to reach Italian shores."

Despite a temporary dip in July arrivals, boats with around 30 people on board kept pouring into Malta. The majority here saved by the Armed Forces. Others failed to make it - tragic stories of immigrants' voyages of hope cut short by the rough seas were common throughout the summer.

Despite the danger involved, the trips are unlikely to stop, as most of the Africans in Malta will confirm.

"As long as people keep fleeing persecution and armed conflict they will need to find a haven where they can live in safety, without fearing for their lives," Dr Falzon says.

He adds that even those moving for economic reasons are doing so not just to find better jobs, but to be able to provide the basic necessities for their families.

They will keep moving as long as the economic disparities between Europe and Africa remain as wide as they are today.

"Whereas from our end of the Mediterranean we count the people who have been stopped, intercepted or diverted, from the other end they look in hope to the people who have managed to get to the other side.

"We must also keep in mind that the vast majority do not intend coming here, but are rescued out at sea to save their lives. Malta's hard line or the Frontex patrols will not change that."

The tragic repercussion of these border patrols is the reluctance of persons in distress at sea refusing to be saved by the Maltese Armed Forces, meaning they would rather risk their lives for a few hours more in an attempt to reach Italy than be brought to Malta, Dr Falzon explains.

"I think this is very sad, especially when we receive reports from our colleagues in Lampedusa on people dying just off Italy's shores."

The AFM is now banking on the promise that Frontex operations in the central Mediterranean will be increased to cover the entire summer period.

With co-operation of states on the African transit states and the European border states, the illegal immigration levels on both sides would be controlled and reduced.  

The army spokesman said: "This is the light which Malta, with EU support, should strive for.  Initiatives in this direction have been started by the AFM, firstly to reach a Search and Rescue memorandum of understanding with Libya. The Libyan authorities have been very positive in this respect and this augurs well for the future."

But who are these people? Once again, figures obtained from the Social Solidarity ministry show that Malta mainly receives immigrants from the Horn of Africa.

At the moment there are some 455 Somalis and another 228 Eritreans in detention. The figures are reflected in the situation at open centres - at the Marsa centre there are 178 Sudanese, 123 Somalis, and 132 Eritreans.

Applications from Somalis in industrialised countries, including the EU, increased by 13 per cent during the first six months of 2007 when compared with the last six months of 2006.

There are now an estimated 850,000 persons displaced within Somalia after fleeing the widespread violence.

Still, Dr Falzon says that things in Malta must be seen in perspective. Although the figures might seem large, given Malta's size and population density, the largest number of refugees, asylum-seekers and other persons lacking essential protection are in fact in Africa itself, and not crossing the Mediterranean.

In the meantime, the UNHCR maintains that the detention of asylum-seekers is inherently undesirable, as stated in the 1951 Geneva Convention and in other international human rights instruments.

The aim of any asylum procedure is to determine whether an individual may return home in safety or whether their life would be placed at risk by such a return. Therefore, persons who, following a fair and effective asylum procedure, are found not to be in need of protection may be returned to their country of origin.

There are now just over 1,700 individuals in detention in Malta, as complaints about their conditions persist. The government's policy states that the maximum detention period for asylum-seekers is 12 months.

But Dr Falzon says it is still unclear what purposes detention serves, as all persons are in any case released after a number of months, rendering the suffering they endure in the detention centres useless.

Once refugees, asylum seekers, and immigrants are released from closed centres, they are transferred to open centres until they find alternative accommodation, proceed to a third country or return to their country of origin.

The government, directly or through third parties, runs eight open centres. The two largest centres, namely Hal-Far Tent Village and Marsa open centre, house almost exclusively single males.

The government says there are over 2,100 immigrants in open centres and homes, of whom 447 are failed asylum seekers.

The Hal-Far centre area is synonymous with Malta's problems of illegal immigration, with over 750 African nationals packed into tents. They are living in conditions which leave much to be desired. During an unusual cold October spell, torrential rain lashed the canvas tents leaving the residents freezing in their shelter.

Interestingly, there have been over 7,000 arrivals since 2002. So what has happened to the rest? Are they leaving legally or not? In general, the Africans in Malta have a rather unusual attitude for immigrants: They all want to leave. But they all know that complicated EU laws mean they are literally stuck in limbo.

Dr Falzon said: "That's an interesting question. Under international law, refugees are entitled to a refugee Convention Travel Document that allows them to travel. The document does allow refugees to permanently reside in a country other than the country of asylum.

"The question as to the whereabouts of the beneficiaries of humanitarian protection, asylum-seekers and failed asylum-seekers who are no longer on the island should be posed to the competent authorities."

 

Immigrants (by nationality) in detention
Afghanistan	1	Algeria	2	Benin	6
Burkina Faso	30	Chad	13	Congo	6
Eritrea	228	Ethiopia	137	Gambia	22
Ghana	134	Guinea	19	Guinea Bissau	7
Iraq	4	Ivory Coast	170	Liberia	9
Libya	7	Mali	135	Mauritania	2
Niger	48	Nigeria	146	Pakistan	2
Palestine	7	Senegal	21	Sierra Leone	10
Somalia	455	Sudan	50	Syria	2
Tanzania	1	Togo	55	Tunisia	3
Uzbekistan	1	Zimbabwe	1

 

Number of people in open centres (as at October 29)
Centre	No. of residents	Failed asylum seekers among these
Hal Far Tent Village	765	207
Dar il-Liedna	48 (18 unaccompanied minors)	3
Dar il-Qawsalla	4 (including children)	7
Hal Far/OIWAS	135 (including children)	43
Emigrants' Commission	323	55
Marsa open centre	750	129
Peace Lab	22	3
Dar is-Sliem	23 (unaccompanied minors)	0
Total	2106	447