MIGRANT CAMPS IN LIBYA/UKRAINE: EU DEBATES

UNCLAS SECTION 01 OF 03 BRUSSELS 004151

SIPDIS

SENSITIVE

DEPARTMENT FOR PRM - KRYAN; EUR/ERA - KSHEARER

E.O. 12958: N/A
TAGS: SMIG PREF PHUM EUN USEU BRUSSELS
SUBJECT: MIGRANT CAMPS IN LIBYA/UKRAINE: EU DEBATES
MEASURES TO CONTROL INTERNATIONAL MIGRATION

REF: (A) BRUSSELS 4012 (B) MADRID 3701


1. (SBU) Summary. The EU faces a delicate balancing act
between controlling the illegal follow of migrants crossing
its external frontiers while maintaining the asylum channel
open for those in need of international protection (reftel
a). Increasingly, EU Member States are willing to consider
extra-territorial measures which might satisfy both of these
objectives. A warming of relations with Libya has galvanized
Italy to support a plan for migrant processing camps which
would help seal off the North African gateway used by
illegals. With an Italian soon to be in charge of the EU's
border management policy, the plan has also gained new
strength in Brussels. Meanwhile, similar measures have been
proposed to stem the flow of asylum seekers from the east,
particularly Chechens. A composite list of "safe" countries
is another measure being considered by the EU to preserve the
asylum channel for those with credible claims. End Summary.

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The Eastern Front: Migrant Camps in Ukraine
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2. (SBU) Austria has joined the bandwagon of Member States
supporting a plan to screen would-be asylum seekers outside
the boundaries of the EU, an idea which is expected to come
up at an EU Council meeting on September 30. The Baltic
states support Austria in suggesting that migrant processing
camps be set up in Ukraine to interview Chechens and others
from the east seeking protection (a plan rejected by
Ukrainians). Chechens have supplanted Iraqis as the number
one group of asylum seekers in the EU. Over half of the
Chechen applications are filed in Austria, Poland and the
Czech Republic. Sizeable numbers of applications are also
made in Germany, Slovakia and Belgium.

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The Southern Front: Migrant Camps in Libya
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3. (SBU) Although Germany was vocally opposed to the idea a
year ago when the UK presented a plan for migrant processing
centers outside the EU, Interior Minister Schily is now
leading the charge for a reconsideration of the British
proposal. Italy, which has been faced with waves of migrants
arriving in precarious crafts on the island of Lampedusa,
argues the camps are needed for humanitarian reasons to stop
the perilous sea crossings. Italian authorities estimate
that close to 10,000 migrants have crossed the Mediterranean
illegally this year to reach Italy's shores. Following its
reported success in working with Albanian authorities to stem
the tide of migrants across the Adriatic, Italy is now
focusing its attention on North Africa and has called for
migrant processing camps in Libya. Those in need of
international protection would be resettled within the EU
(dividing the burden equally among Member States). Economic
migrants would be returned directly to their countries of
origin from Libya.


4. (SBU) On a related track, Libya's promise to help prevent
clandestine migration was the dominant factor in the EU's
preliminary decision on September 22 to lift economic
sanctions on the former pariah. The decision came after
Italy requested permission to provide equipment (such as
binoculars and boats) to Libya for the fight against illegal
immigration. Libya had reportedly signaled its willingness
to cooperate in controlling migration, but argued it did not
have the resources to prevent the flow of migrants from
Sudan, Chad and other parts of Africa through its territory.
Malta strongly endorsed the Italian request; a Maltese
diplomat told reporters that lifting economic sanctions was
good news because it will "help Libya purchase the equipment
it so badly needs to monitor its borders more effectively."


5. (SBU) Spain's new Socialist government, which faces
similar influxes both in the Mediterranean and Atlantic (to
the Canary Islands),is ambivalent about the proposal for
migrant camps abroad. This year Spain has interdicted 412
illegal immigrant boats leading to the arrest of more than
10,042 illegal immigrants. Officials rescued 171 illegal
immigrants, while fifty-three persons drowned and 35
"disappeared" in Mediterranean waters (reftel b). About one
million illegal migrants are thought to be living in Spain.
Nevertheless, the new government has sought to take a softer
line on undocumented migrants.

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The View From Brussels: Pre-confirmation Support
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6. (SBU) Whereas outgoing EU Commissioner for Justice,
Freedom and Security (JFS) Antonio Vitorino has maintained a
discreet silence over the renewed calls for extra-territorial
measures, his re-emplacement has jumped into the fray and
supported the Italo-German plan for camps in Libya. Because
of repeated press pronouncements favoring the idea, the
European Parliament asked incoming JFS Commissioner Rocco
Buttiglione to put his views on the migrant processing camps
into writing. Citing a recent maritime tragedy involving
migrants, he reasoned, "We have to find a viable alternative
to the clandestine and dangerous practices of smugglers which
threaten both people with a legitimate need for international
protection and migrants trying to enter the Member States in
search of a better life." He stated, "Our first aim should
be to address humanitarian needs and prevent the
Mediterranean from becoming a 'graveyard'." Buttiglione also
mentioned the objective of working with Libya and other
neighbors in the framework of the European Neighborhood
Policy for solving regional problems and engaging in concrete
cooperation and reinforced assistance.


7. (SBU) Buttiglione can expect a rigorous grilling during
his confirmation hearing before the Parliament on October 5,
particularly from leftist parties. Not only are they leery
of the migrant camp schemes, they are put-off by
Buttiglione's staunchly Catholic views on homosexuality and
abortion, as well as his close ties to Pope John Paul II.


8. (SBU) As with the UK plan, UNHCR has again criticized the
proposal for migrant processing camps. A UNHCR spokesman
argued, "Libya does not have the necessary asylum laws or
structures to deal with this....Libya has not even signed the
1951 Convention." Sweden and France also have criticized the
proposals for lack of adequate protection mechanisms. Even
officials in Buttiglione's own office have expressed
criticism of the plan. "Libya has been criticized by Human
Rights Watch for refouling refugees to neighboring
countries," said one.

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Safe Countries of Origin in Granting Asylum
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9. (SBU) Also expected to be on the agenda of the upcoming EU
Council meeting of September 30 is a discussion over a
unified list of "safe countries of origin." Requests for
asylum from any citizen of these countries would be
pre-judged as "manifestly unfounded". The initiative for a
"safe" list began during the Italian Presidency and was
continued by the Irish. Legal and human rights standards
agreed to as a pre-requisite for the list are so high that
only seven African and three Latin American countries are
currently under consideration for a "safe" designation.
(Note. Only countries with significant numbers of asylum
seekers were reportedly considered for inclusion on the
list.) Views among Member State vary widely, with some
countries and many advocacy groups objecting to the concept
of the list itself.


10. (SBU) Momentum is gaining to strike all Latin American
countries off the list for political reasons. Countries not
given the "seal of approval" of being selected for the list
might complain about the omission, so it might be best to
ignore the whole region. As to the African candidates, the
two EU heavyweights -- France and Germany -- are taking
opposing sides. France is pushing hard for all seven to be
included on the list because France receives the bulk of the
claims from these countries. (For instance, over 90% of all
asylum claims made by Malians in the EU are filed in France.)
Germany, because of domestic politics, is questioning the
African countries identified for inclusion on the list over
the issue of female genital mutilation. Since the Green
party campaigned hard for Germany to consider gender and
other related claims in deciding asylum requests, it does not
want to include African countries on the list where FGM is
practiced for cultural reasons.

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Comment
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11. (SBU) The resurgent call for migrant processing camps
outside the EU will likely fade once it comes under scrutiny.
Legal experts predict European courts would not support the
practice of intercepting migrants on the high seas and
transferring them to third countries. Furthermore, no EU
Member State possesses a territory in the vicinity which is
outside its immigration laws (similar to those used by the
U.S. and Australia in deterring dangerous, unauthorized
maritime crossings). Questions about protection mechanisms
in proposed extra-territorial venues -- Ukraine and Libya --
will be tough to answer. Last year's proposals by the UK
were quickly rejected: Croatia (by the government, insulted
at the suggestion) and Albania (for the lack of an effective
asylum system). In this year's debate, the UK has remained
strangely silent. Either it is happy with its success in
cutting its number of asylum seekers in half through a
variety of policy changes, or it is letting other EU Member
States make the case this time around. What the revived idea
does underscore is the EU's never-ending quest to find ways
to stop the flow of unauthorized migrants to its shores.

McKINLEY