LIBYA - UNHCR TRIPOLI REQUESTS USG HELP

UNCLAS SECTION 01 OF 02 CAIRO 002682 SIPDIS SENSITIVE FROM REGIONAL REFUGEE COORDINATOR FOR PRM/A, PRM/AFR, PRM/ANE, PRM/MCE, NEA/ELA, AND AF GENEVA FOR RMA E.O. 12958: N/A TAGS: PREF PHUM PREL ASEC EG LI UNHCR SUBJECT: LIBYA - UNHCR TRIPOLI REQUESTS USG HELP SENSITIVE BUT UNCLASSIFIED. PLEASE PROTECT ACCORDINGLY. ¶1. (U) THIS IS AN ACTION REQUEST. SEE PARAGRAPH 10. ¶2. (U) THIS MESSAGE HAS BEEN CLEARED BY USLO TRIPOLI. -------------- SUMMARY -------------- ¶3. (SBU) INCIDENTS OF DETENTION AND DEPORTATION OF ILLEGAL MIGRANTS FROM LIBYA ARE INCREASING. SOME OF THESE DEPORTEES COULD BE REFUGEES DESERVING INTERNATIONAL PROTECTION. INSTANCES OF FORCED REPATRIATION ARE BOUND TO INCREASE AS THE EUROPEANS AND LIBYANS CONTINUE THEIR EFFORTS TO STOP THE USE OF LIBYA AS A CONDUIT FOR ILLEGAL MIGRATION TO EUROPE. LIBYA IS NOT A SIGNATORY TO THE 1951 UN REFUGEE CONVENTION AND DOES NOT RECOGNIZE THE UN HIGH COMMISSIONER FOR REFUGEES (UNHCR),WHICH IS ROUTINELY DENIED ACCESS TO DETAINEES. UNHCR'S TRIPOLI OFFICE HAS APPROACHED US, AS A MAJOR UNHCR PARTNER, REQUESTING USG SUPPORT IN ITS EFFORTS TO PERSUADE THE LIBYANS TO RECOGNIZE ITS STATUS - PERHAPS THROUGH A MEMORANDUM OF UNDERSTANDING (MOU) - AND TO ALLOW IT TO OPERATE EFFECTIVELY IN LIBYA. UNHCR HAS SUGGESTED A BILATERAL U.S.-LIBYA STRATEGY INVOLVING GENEVA, THE USLO IN TRIPOLI, THE REGIONAL REFUGEE COORDINATOR, AND PRM IN WASHINGTON. GIVEN THE INVOLVEMENT OF THE EU IN THIS ISSUE, WE BELIEVE WE SHOULD ALSO PRESS THE CASE THROUGH BRUSSELS, LONDON, AND ROME, ARGUING THAT ANY DEALS STRUCK WITH THE LIBYANS FOR THE RETURN OF ILLEGAL MIGRANTS SHOULD INVOLVE UNHCR. WE SUGGEST THAT POSTS IN ROME, BRUSSELS, LONDON, AND GENEVA SHOULD JOIN WITH USLO TRIPOLI IN MAKING THE CASE FOR UNHCR INVOLVEMENT. END SUMMARY. -------------- UNHCR'S GROWING FRUSTRATION -------------- ¶4. (SBU) THE DEPORTATION LAST MONTH OF 180 PEOPLE FROM THE ITALIAN ISLAND OF LAMPEDUSA TO LIBYA AND UNHCR'S INABILITY TO GAIN ACCESS TO THE DEPORTEES EITHER IN ITALY OR LIBYA ADDED FURTHER FUEL TO UNHCR'S GROWING FRUSTRATION WITH ITS IMPOTENCE IN DEALING WITH LIBYA'S EFFORTS TO RETURN FORCIBLY THE THOUSANDS OF ILLEGAL MIGRANTS WHO HAVE COME TO LIBYA IN RECENT YEARS WITH THE HOPE OF CROSSING THE MEDITERRANEAN TO EUROPE. ¶5. (SBU) IN ADDITION TO THE FORCED RETURN - WITH EUROPEAN COLLABORATION - OF THOSE PICKED UP AT SEA EN ROUTE TO PANTELLERIA, LAMPEDUSA, OR OTHER EUROPEAN PORTS, LIBYA IS DETAINING AND DEPORTING INTENDING MIGRANTS WHO HAVE BEEN UNABLE TO ATTEMPT THE CROSSING. UNHCR SUSPECTS THAT SOME OF THOSE BEING RETURNED ARE GENUINE ASYLUM SEEKERS IN NEED OF INTERNATIONAL PROTECTION. (NOTE: THE RISK OF REFOULEMENT AND THE SUBSEQUENT NEED FOR INTERNATIONAL OVERSIGHT OF DEPORTATIONS WERE GRAPHICALLY ILLUSTRATED LAST YEAR WHEN A GROUP OF ERITREANS HIJACKED THEIR DEPORTATION FLIGHT AND DIVERTED IT TO KHARTOUM RATHER THAN FACE FORCIBLE RETURN TO ASMARA. END NOTE.) ¶6. (SBU) LIBYA IS A SIGNATORY TO THE 1969 OAU REFUGEE CONVENTION BUT NOT THE 1951 UN CONVENTION. IT HAS NO SPECIFIC ADMINISTRATIVE OR LEGISLATIVE STRUCTURE TO DEAL WITH REFUGEES AND ASYLUM ISSUES AND HAS NO LEGAL PROCESS FOR DETERMINING REFUGEE STATUS. SO FAR, THE GOVERNMENT OF LIBYA (GOL) HAS RESISTED ANY SUGGESTION THAT IT RECOGNIZE THE UNHCR, WHICH FOR THE PAST THIRTEEN YEARS HAS OPERATED WITHOUT ANY LEGAL STATUS IN LIBYA. THE GOL NO DOUBT FEARS THAT ACCESSION TO THE 1951 CONVENTION AND/OR RECOGNITION OF UNHCR COULD LEAD TO AN EXPECTATION OF LIBYAN RESPONSIBILITY FOR THE CARE AND PROTECTION OF ITS MANY ILLEGAL RESIDENTS. RECOGNITION OF UNHCR COULD ALSO DENY LIBYA THE FLEXIBILITY TO DEPORT THESE PEOPLE AT WILL. -------------- SITUATION DETERIORATING -------------- ¶7. (SBU) UNHCR FIRST OUTLINED ITS CONCERNS TO US DURING A JUNE 2004 VISIT TO TRIPOLI BY CAIRO-BASED REGIONAL REFUGEE COORDINATOR. AT THAT TIME UNHCR'S FRUSTRATION WAS SUCH THAT REPRESENTATIVE LARBI MEBTOUCHE WAS CONSIDERING RECOMMENDING THAT UNHCR PULL OUT OF LIBYA ALTOGETHER. UNHCR HAS SINCE DISCUSSED THESE CONCERNS WITH USLO TRIPOLI ON A NUMBER OF OCCASIONS. MEBTOUCHE NOW SAYS THE SITUATION HAS DETERIORATED MARKEDLY SINCE LAST OCTOBER AND REFUGEES AND ASYLUM SEEKERS ARE INDISCRIMINATELY SWEPT UP IN GOL EFFORTS TO COMBAT ILLEGAL MIGRATION THROUGH ARBITRARY ARRESTS, DETENTION, AND DEPORTATION. ACCORDING TO UNHCR THE GOL HAS MADE NO DISTINCTION BETWEEN POSSIBLE ASYLUM SEEKERS AND MIGRANTS AND HAS REPEATEDLY DENIED UNHCR ACCESS TO THE DETAINEES. UNHCR POINTS OUT THAT LIBYA'S FAILURE TO RECOGNIZE THE PRESENCE OF REFUGEES IS CONTRARY TO GOL INTERNATIONAL COMMITMENTS UNDER THE 1969 OAU CONVENTION. -------------- UNHCR PROPOSES A STRATEGY -------------- ¶8. (SBU) MEBTOUCHE HAS AGAIN RAISED THE ISSUE WITH REFCOORD AND WILL NO DOUBT REITERATE UNHCR CONCERNS DURING A PLANNED VISIT TO CAIRO ON APRIL 26. HE IS NOW ACTIVELY SEEKING USG SUPPORT, AS A MAJOR UNHCR PARTNER, FOR UNHCR'S EFFORTS TO PERSUADE THE LIBYANS TO RECOGNIZE ITS STATUS - PERHAPS THROUGH AN MOU - AND TO ALLOW IT TO OPERATE EFFECTIVELY IN LIBYA. MEBTOUCHE HAS SUGGESTED THE FOLLOWING STRATEGY: - THE U.S. MISSION IN GENEVA TO LIAISE WITH ACTING HIGH COMMISSIONER CHAMBERLAIN AND TO PRESENT THE CASE FOR RECOGNITION TO THE LIBYAN MISSION TO THE UN; - USLO TRIPOLI TO DEMARCHE THE MINISTRY OF FOREIGN AFFAIRS AND PERHAPS THE OTHER RELEVANT MINISTRIES, SECURITY AND JUSTICE; - PRM TO APPROACH THE LIBYAN MISSION IN WASHINGTON; - REFCOORD TO JOIN WITH USLO IN ENGAGING THE GOL AT THE WORKING LEVEL, PERHAPS IN THE CONTEXT OF AN INFORMAL ROUNDTABLE IN TRIPOLI WITH SELECTED PARTICIPANTS, TO HELP CLARIFY THE ISSUES. -------------- BUT A BROADER APPROACH IS REQUIRED -------------- ¶9. (SBU) WHILE WE SUPPORT THE UNHCR'S STRATEGY, WE BELIEVE OUR APPROACH NEEDS TO BE BROADER. AS USLO TRIPOLI POINTS OUT, THIS ISSUE IS NOT LIBYA-SPECIFIC. THE GOL SEES IT AS A MAJOR REGIONAL CONCERN WITH THE EUROPEANS PLAYING A PRINCIPAL ROLE. THE STRATEGY SUGGESTED BY UNHCR'S MEBTOUCHE WOULD NO DOUBT HAVE A BETTER CHANCE OF SUCCESS IF REINFORCED BY THE EUROPEANS. ITALY, IN PARTICULAR, HAS A KEEN INTEREST IN THE ISSUE, HAVING RECENTLY REACHED AGREEMENT WITH THE GOL AND WITH THE INTERNATIONAL ORGANIZATION OF MIGRATION TO FACILITATE THE RETURN OF ILLEGAL MIGRANTS. THE EUROPEANS AND THE LIBYANS BOTH RISK INTERNATIONAL OPPROBRIUM IF THEY PROCEED WITH WHOLESALE REPATRIATIONS WITHOUT TAKING STEPS TO AVOID POSSIBLE REFOULEMENT. IDEALLY, THE NEED FOR GREATER TRANSPARENCY WOULD BE RESOLVED WITH LIBYAN ACCESSION TO THE 1951 CONVENTION. AS A SHORT-TERM MEASURE WE COULD ASK THE EUROPEANS TO JOIN WITH US IN PRESSING THE GOL TO ENTER INTO NEGOTIATIONS WITH UNHCR TO ESTABLISH THE TERMS OF AN MOU THAT WOULD RECOGNIZE THE TRIPOLI UNHCR OFFICE AND GIVE IT FULL ACCESS TO ASYLUM SEEKERS. AS USLO TRIPOLI NOTES, THERE ARE A NUMBER OF OTHER COMPLEX ISSUES, WHICH WOULD BENEFIT FROM ACTIVE UNHCR PARTICIPATION, SUCH AS ASSISTED VOLUNTARY REPATRIATION AND COORDINATION WITH COUNTRY OF ORIGIN SUB-SAHARAN GOVERNMENTS. ¶10. (SBU) ACTION REQUESTED: IN THE CIRCUMSTANCES WE SUGGEST THAT THE DEPARTMENT APPROVE THE ABOVE PLAN OF ACTION AND AUTHORIZE POSTS IN TRIPOLI, ROME, GENEVA (RMA), BRUSSELS (EU),LONDON, AND CAIRO (REFCOORD) TO ENGAGE APPROPRIATE HOST GOVERNMENTS AND EU COUNTERPARTS TO GAIN SUPPORT FOR THE UNHCR IN TRIPOLI AS PER PARAGRAPHS 8-9. GRAY