DEMARCHE RESPONSE: UNHCR STATUS AND ACCESS TO

C O N F I D E N T I A L SECTION 01 OF 02 BRUSSELS 001685

SIPDIS

DEPARTMENT FOR PRM/AFR -- PLEASE ALSO FORWARD TO USLO
TRIPOLI; CAIRO FOR REFCOORD, GENEVA FOR RMA

E.O. 12958: DECL: 04/28/2015
TAGS: PREF PHUM SMIG LY USEU BRUSSELS
SUBJECT: DEMARCHE RESPONSE: UNHCR STATUS AND ACCESS TO
REFUGEES IN LIBYA

REF: STATE 72108

Classified By: PRMOFF MARC J. MEZNAR. REASONS 1.4 (B) AND (D).


1. (C) Summary. On April 21, PRMOff delivered reftel message
to Nicola Annecchino, European Commission (EC) Head of Unit
for Asylum and Migration Issues at Directorate General
Justice Freedom and Security (JFS),regarding the status of
UNHCR and the plight of asylum seekers in Libya. During a
follow-up meeting with Annecchino and his staff on April 26,
he said the EC fully agreed with the Department,s analysis
of the situation and shared USG concerns, but is unlikely to
deliver a demarche to the Libyan government on this specific
issue. The EU stresses that international protection is one
part of a comprehensive dialogue it seeks to establish with
Libya and will not "cherry pick" an issue. End Summary.

--------------
Trying to Chart an EU-Libya relationship
--------------


2. (C) Annecchino said that efforts to improve Libya,s
structure and practices with regard to international
protection are part of a comprehensive framework discussion
between the European Union (EU) and Libya. Currently,
relations between the EU and Libya are in a state of limbo;
Libya is not a partner of the EU,s Barcelona process that
unites the Mediterranean rim countries. Concerns over the
treatment of refugees and asylum seekers are part of a
broader migration agenda that also covers illegal immigration
and trafficking in persons. Given the unabated flow of
clandestine migrants through Libya, and the ensuing pressure
put on the EU,s southern flank in Italy and Malta, the EU is
keenly aware of and interested in reaching a comprehensive
agreement with Libya on migration and asylum issues.


3. (C) In November 2004, the EC led an assessment mission to
Libya that included fourteen experts from Member States, as
well as EUROPOL, to analyze conditions at ports of entry,
land and sea borders and camps for asylum seekers and other
migrants. The GoL was cooperative and seemed willing to work
with the EU on what might be done collectively to improve
conditions. Following the assessment mission, JFS
Commissioner Frattini sent a report to the European Council.
Currently, the EC is awaiting a response from the Council to
authorize technical cooperation with Libya in the area of
asylum and migration. One complication, which may delay a
green light, is the fate of the Bulgarian medical personnel
facing the death sentence in Libya.


4. (C) Annecchino said the EC is not quite certain how to
approach Libya if the green light should come from the
Council. He characterized Libya as a very strange place
where one mercurial person calls the shots. He also noted
that Libyan government concerns and social tension caused by
the influx of sub-Saharans may prevent genuine action on the
part of Libyans even if an agreement is reached. Demographic
trends indicate that within five years Arabs in Libya may be
outnumbered by sub-Saharans. Furthermore, as a resource-rich
country, Libya is not in need of funding for activities (as
other problematic neighbors, such as Albania and Morocco,
have been). The EU,s only significant carrot is
international acceptance. Annecchino said the EU would
consider enhancing its bilateral and regional relationships
(such as the current 5 plus 5 group in the
trans-Mediterranean region) to gain Libyan cooperation in the
area of asylum and migration.

--------------
Managing migration and enhancing protection
--------------


5. (C) The EC has met with UNHCR regarding an effective way
to approach Libya. Both share the concern that convincing
the GoL to sign the Geneva Refugee Convention may simply
provide them with a "fig leaf" to gain international approval
without any true commitment to manage migration in a humane
manner and/or offer genuine international protection. (Note.
UNHCR regional representative Judith Kumin confirmed this to
PRMOff in a separate meeting on April 26. End Note.) For
this reason, the EC currently feels that it would be best to
convince Libya to act on commitments that it already has
subscribed to, like the OAU convention on refugees and the
Palermo convention on trafficking.


6. (C) When asked about Libya,s actual ability to control
its borders, Annecchino said that despite its lengthy land
border, there were actually very few trans-Saharan routes
used by migrants, smugglers and traffickers. He felt Libya
could easily stop migration if it decided to, although
reinstating a visa regime with African countries would be
difficult politically. With regard to the clandestine
maritime crossings, Annecchino also felt that Libyan
authorities could open and close the tap at will.

--------------
The EU-Italy dimension
--------------


7. (C) The whole situation in Libya with regard to asylum and
migration is seriously complicated within the EU because of
the actions undertaken in southern Italy, particularly on the
island of Lampedusa, as well as by bilateral initiatives
between Italy and Libya. Annecchino noted that the European
Parliament had issued a statement on April 14 calling on
Italy to stop the collective expulsions of asylum seekers and
irregular migrants to Libya, highlighting the ill treatment
there and possibility of refoulment for true refugees. The
statement argued that "the Italian authorities failed in
their international obligations by not making sure that the
lives of the people they expelled were not threatened in
their countries of origin."


8. (C) Annecchino said that UNHCR had raised these same
concerns with the EC. However, Italy has assured the EU that
it conducts individual assessments of arrivals and does not
engage in collective deportations. Annecchino said the EC
stands ready to provide technical support to Italy in
handling the migration crisis should they request it.


9. (C) Annecchino said that the EC wished to continue sharing
information with the U.S. regarding the situation within
Libya, particularly as it related to asylum and migration
issues. He noted the particular interest of Commissioner
Frattini (an Italian citizen) with regard to this sensitive
issue and highlighted the public statements Frattini has made
urging Libya to extend international protection to those in
need.

--------------
Comment
--------------

The fact that many of the EC officials working on the Libyan
dimension of migration and asylum, from the JFS Commissioner
on down, are Italian citizens underscores the critical
importance of the Italian dimension as the EC handles Libya.
That migration and asylum in Italy, as in most other EU
countries, carries a political punch also increases the
sensitivity. USEU recommends taking the EC up on its
suggestion to share information about conditions for asylum
seekers and other migrants in Libya, perhaps at an upcoming
meeting of the EURASIL group.

MCKINLEY
.