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Important judgement
February
23
2012
Today, the European Court of Human Rights ruled that Italy violated human rights in 2009 by sending boat migrants back to Libya. The unanimous verdict is important and most welcome, albeit not surprising. It clarifies – and confirms the EU Commission’s position – that countries who push back migrants to where they risk persecution, without assessing their situation, are breaching international law.
Shortly after the events of 2009, my predecessor, EU Commissioner Jacques Barrot, demanded that the Italian government at the time clarified how these push-backs had been carried out. The Commission also wanted to know how Italy intended to make sure that such situations would be avoided in the future. As far as we know, no similar returns of boat migrants have been carried out since then.
Last year, more than fifty thousand migrants crossed the Mediterranean in rickety vessels to the EU. According to UNHCR, over 1500 of them died trying. We must come to the assistance of migrant boats in distress, and we must guarantee access to protection to those in need.
Now, the Commission will study the verdict from the court carefully to see whether further action is needed.
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I have a question Ms. Malmstrom.
How can you be at the same time so concerned about the destiny of migrants attempting to cross the Mediterranean Sea and also be the greater promoter of the former and potential new EU/Libya framework agreement on migration?
If I well remember you signed the former agreement in 2010 and you are still the greater promoter of a new one even if there is not a legitim elected government in Libya and even if the human rights situation in Libya is a great international concern.
The ECtHR’s judgement should make you reflect on what has been done so far by your cabinet and by Mr. Fule’s one.
If you read carefully the judgment you might notice reference to numerous UNHCR, HRW and AI’s reports assessing the human rights situation in the country and the EU attempted strategy to keep migrants outside the EU borders. Those reports are still valid since the situation in the country has not improved and it is still dramatic.
I suggest a careful reflection on the work done so far by your cabinet and on a clear position to keep on this issue.
Express words of concern on personal blogs sometimes it is just not enough
Dear Paolorw,
Thank you for your question to Commissioner Malmström. She has asked me to give you a reply.
Libya has for the last 42 years been ruled by a dictator infamous for the treatment of his own people as well as for the treatment of refugees. The reason why EU thus tried, together with the UNHCR, to establish cooperation with Libya was exactly that – out of concern for the migrants and refugees.
The UN Refugee Agency UNHCR is an invaluable partner in helping refugees and asylum seekers on the ground. A requirement for cooperation between the EU and Libya was, therefore, that the UNHCR, who had been expelled from Libya would be allowed back into the country to resume their activities. But this never happened. Due to the reluctance of the Libyan regime to agree to our demands the agreement never entered into force and soon after the civil war broke out.
Throughout last year the EU assisted the Libyan people with humanitarian aid and the EU is now also supporting the long transition to democracy: http://j.mp/yPaa7U. A democratic Libya would mean a great deal, not only for the Libyan people but also for the refugees and migrants in the country.
Best regards,
Camilla Hansson
Cabinet of Commissioner Cecilia Malmström