The hide and seek game of EU on political refugees

The dignity of human being has clearly breached by EU member states since long time. The hide and seek game of Italy on the issue of immigration and immigrants becomes number one to be criticized. Since its agreement with Libyan counter part in 2003, Italy is found at the back of every human right abuse in Libya. Italy financed detentions and deportation flights regardless of the fate of the victims. The largest thing Italy is doing is mocking good activity just by some make-ups when the politicians come before camera. The government of Italy worked very hard not only to convince Libya, but also advocating the good sides of the border polices in patrolling the frontiers. It used media to tell the EU in general and Italian population in particular about how good migration policies Italy is undergoing.

Since 2003, Italy endangered thousands of immigrants; among many were refugees and potential refugees. All of them were detained with out any screening and many others deported back to their countries. Among them, hundreds of Eritreans detained in Italian financed Libyan detentions and deported back to Eritrea by Italian financed flights. They faced abuse on their return in their country and many died either in detention or on second trial for escape. Yet, Italy stays safe and acts as if it is free from any thing that happens in Libya and in Mediterranean Sea. HRW, Amnesty, UNHCR and EU human right groups seriously criticized Italy, but Italy continued to help Libya to endanger asylum seekers and refugees mixed with illegal immigrants.

The worst Italian action to tackle the influx of immigrants starts from May 2009. The push-back policy was advocated as the best way to stop flow of immigrants to Italy, and EU; thus Italy and Libya signed a deal that enables Italy to dump any immigrant caught in the sea back to Libya. Libya in turn to get some patrol boats and other logistics that will be used to control the southern border. Not only this, but also to get compensation for the colonial periods under Italy. The thing is not their fund and cooperation, but all this is done at the cost of immigrants, many of which are refugees.

Thus, after the push-back policy started in May 2009; hundreds of asylum seekers and refugees from Eritrea and Somalia were sent back to Libya with out any screening. The interception was just in the high seas and they do not get chance to apply for asylum in Italy; a country signatory to Geneva Convention and that pretends as EU member of standard human right respect. All the pushed back Eritreans and Somalis remain in different Libyan detention centers for more than a year. The bad news is then, these detainees who spent at least one year and at most three years in detention centers are in danger of forceful deportation back to Eritrea.



In June 30, 2010 more than 240 Eritrean refugees from Misrata detention center were transferred to Brak center near Sebha. Before their departure, they were all beaten, and many injured seriously. Thanks to the Human right groups, journalists and Eritreans in Diaspora, they made a loud cry on behalf of the Eritrean refugees. Italian government was they exposed to condemnation and criticism. The media it self made too much pressures on both Libya and Italy, thus they were obliged at least to mock for a while. Italy sent its delegate to Tripoli and signed agreement.

Do not be surprised! Italy is continuing its hide-and-seek game on refugees. Due to the pressure from media and Human Rights group, Italy worked to free Eritreans from detention centers in Libya, but their asylum rights remain out side the issue. They have been given very big and green paper that expires in three months, and they are told they will be free in Libya. But, Italy becomes very proud by what it so far accomplish, the rights to apply for asylum is not part of the deal. Detainees are arriving from the near by detention centers but hardly arrive from Brak. They remained in Sebha as their papers do not allow traveling to Tripoli, where they can either visit UNHCR or other groups.

As from the side of the released detainees, they are happy for the development so far as they are at least allowed to see the rising of the sun like us. They miss it to much; they were eager to get fresh air and to get free Vitamin-D from sun, which God gave to every body. They did not hesitate for the temporary freedom as they spend years in closed rooms. Yes, it is shameful for EU, shameful for Italy and shameful for Libya, to sell the freedom and rights of refugees, and to say proudly “they are released at the cost of work”. Countries who advocate about human rights to others, it is more than shameful to see them breaching the basic human rights.

Else, Eritreans in Tripoli sees this development as good step forward, because their brethren are taking fresh air as everybody. Yet, we urge the international community to resettle these desperate Eritreans for durable solutions. Libya is not the destination of Eritreans; they want asylum! Give them opportunity for international protection. Else leaving them down hear is other type of detention. From detention to detention!!!

Good Solidarity from worldwide and Cooperation of Libyan government brought solution

AFP Says "Libya allows 400 Eritreans to stay"... happiness among Eritreans in Tripoli!!!



The concern about Eritrean detainees transferred to Sebha seems resolved now. The greater solidarity among the refugees, concerned individuals and human right groups, and all after it got attention of the Libyan government. Thanks to the Libyan government too after all for understanding the situation of these refugees. So much happiness among Eritreans in Libya as there is good hope from Libya that these innocents will be released. The following is the report of AFP after Libya allows the Eritreans to stay in Libya freely.

TRIPOLI — Libya said on Thursday that it has granted some 400 Eritreans permission to stay after human rights group warnings that refugees and asylum seekers among them risked abuse if forcibly repatriated.

"The relevant authorities have begun taking steps to welcome and integrate these clandestine Eritrean immigrants to prevent them being exploited or put in danger by human traffickers," a foreign ministry statement said.

The ministry said Libya would "ensure them a decent life and access to employment suitable to their professional abilities."

"The Eritrean embassy in Tripoli is going to deliver identity cards to those concerned so that those who want to can stay in Libya," the ministry said, adding that around 400 people were affected.

The International Organisation for Migration confirmed that Libya had agreed to find the Eritreans employment on public works projects.

"These migrants are scared of being repatriated," the inter-governmental organisation's head of mission, Laurence Hart, told AFP.

On Tuesday, Amnesty International called on Libya not to repatriate the Eritreans, who include refugees and asylum seekers as well as migrants, because of fears they could face torture or other ill-treatment as punishment for "betraying" the country or fleeing military service.

The London-based watchdog said that 200 Eritreans had been moved to Al-Birak detention centre in the desert town of Sabha following an escape attempt on 29 June by around 15 of them in the Misratah camp in the north.

"The Libyan authorities must protect these Eritrean nationals and ensure that they are not forcibly returned to their home country, where they would be at serious risk of torture and other abuse," Amnesty's Middle East and North Africa director, Malcolm Smart, said.

"Any forcible return of Eritrean nationals would be a violation of Libya?s obligation not to return any individuals to a country where they would be at risk of torture or other forms of ill-treatment," Smart added.

The action over the Eritrean refugees and asylum-seekers comes amid a row between Libya and the Office of the UN High Commissioner for Refugees over the agency's work in the country.

The UNHCR said last month that it had been allowed to resume part of its work following talks over Libya's initial decision to expel the agency.

But it added that Tripoli was maintaining its accusation that the UNHCR representative had been offering refugee status in exchange for sex.

Italy accused of letting Libya mistreat refugees

By Silvia Aloisi

ROME (Reuters) - Italy's opposition accused the government on Tuesday of turning a blind eye to the fate of 245 Eritrean refugees who were turned back at sea by Italian patrols and are now held in Libya in "inhumane conditions".

Human rights groups have appealed to the Rome government, which last year began deporting migrants intercepted at sea under a new deal with Libya, to offer asylum to the Eritreans, saying many were ill-treated while in detention.

"What's happening to these Eritrean citizens is shameful," said Paolo Ferrero of the Communist Refoundation party. "It's the umpteenth example of how the government is effectively denying the right to asylum."

The government was summoned to explain itself in parliament on Wednesday at the request of opposition parties.

In a letter made public on Tuesday, Council of Europe Human Rights Commissioner Thomas Hammarberg said he had received reports that the migrants were subjected to violence by Libyan military police, leaving several of them seriously injured.

Hammarberg asked Italy's foreign and interior ministers to urgently clarify the situation with Libyan authorities.

The two ministers said in a joint letter to Il Foglio newspaper that Rome was mediating with Tripoli to identify the Eritreans and try to find them employment in Libya so that they would not be forcibly repatriated.

They also said it was necessary to respect Libyan sovereignty and called for an international approach, involving the United Nations and other organisations.

"The fate of these Eritrean citizens cannot be resolved only through our bilateral relationship (with Libya)," the ministers said in their letter made available to Reuters by Il Foglio, which plans to publish it on Wednesday.

The Italian Council for Refugees said in a statement last week the refugees were moved to a detention centre near Sebha, in the middle of the Sahara desert, on June 30 after a 12-hour journey locked in a container. It said those who were injured or in poor condition had not been given any medical treatment.

"The latest news is not reassuring. More of them were beaten today, the number of those sick with diarrhoea is growing and there is no doctor," the head of the Italian council, Christopher Hein, told Reuters on Tuesday.

He said the migrants were all men who were apparently transferred after taking part in a revolt in another detention centre, where they refused to sign repatriation documents.

Hein said their condition was made more difficult by Libya's decision last month to order the U.N. refugee agency UNHCR to close its operations in the country.

Some of the refugees have been appealing for help in phone interviews with Italian media, something which Foreign Minister Franco Frattini said was very odd "coming from people who say they are in detention and risk being tortured".

Amnesty says" Eritreans at risk of forcible return from Libya after prison disturbances"

Amnesty International has urged the Libyan authorities not to forcibly return around 200 Eritreans held in detention amid allegations that several prisoners were beaten by security officials after an escape attempt last week.

The Eritreans, who include refugees and asylum-seekers as well as migrants, are currently held in Sabha's notorious al-Birak detention centre, where beatings and ill-treatment of inmates have been frequently reported.

"The Libyan authorities must protect these Eritrean nationals and ensure that they are not forcibly returned to their home country, where they would be at serious risk of torture and other abuse," said Malcolm Smart, Amnesty International's director for the Middle East and North Africa.

"The Libyan government must also ensure the allegations that these detainees were assaulted and ill-treated by security forces are urgently and independently investigated and that any officials responsible for abusing detainees are held to account."

The Eritreans were moved to al-Birak from Misratah detention centre in northern Libya, following an escape attempt on 29 June by around 15 Eritrean inmates.

This occurred after Libyan officials instructed many of the Eritreans detained at Misratah to complete a form giving their personal details, which the detainees feared would then be passed on to the Eritrean government.

The morning after the attempted break-out, armed police and soldiers entered the detainees’ cells and beat many of the Eritrean detainees with sticks and whips. At least 14 are reported to have been seriously injured.

More than 200 of the Eritrean detainees were then moved in two truck containers to al-Birak, where they are held in overcrowded cells with poor sanitation and shortages of food and water. Some detainees have reportedly been denied medical treatment for the serious injuries they sustained from beatings.

The detainees are feared to be at risk of forcible return to Eritrea, where they could face torture and other ill-treatment as punishment for "betraying" the country or fleeing military service.

"Any forcible return of Eritrean nationals would be a violation of Libya’s obligation not to return any individuals to a country where they would be at risk of torture or other forms of ill-treatment," said Malcolm Smart.

In December 2009 and January this year, the Libyan authorities allowed Eritrean embassy officials to gain access to Eritrean asylum-seekers being detained in Libya, raising fears that this could lead the Eritrean authorities to punish them or their families because they had fled the country and sought asylum abroad.

During the visits, Eritreans were told by Libyan security officials that they should complete forms providing information about their departure from Eritrea and the length of time they had been in Libya. Detainees feared the forms were designed to facilitate their forcible return to Eritrea.

“The Libyan authorities have an obligation to ensure the safety of individuals seeking protection within Libya’s jurisdiction,” said Malcolm Smart.

“A central part of this obligation is to ensure confidentiality for those seeking asylum and not to expose asylum-seekers to risk while in their country. Eritrean embassy officials should not be permitted access to Eritreans seeking asylum in Libya.

"The authorities must immediately provide medical treatment for detainees who were injured in the violence in Misratah, and provide adequate living conditions for those held in al-Birak and elsewhere."

Amnesty International opposes the forcible return of Eritrean nationals to Eritrea. The UN refugee agency, UNHCR, has also issued guidelines to all governments urging them not to forcibly return Eritreans, including rejected asylum-seekers, due to the risks to which they would be exposed as a result of the serious human rights violations that continue to be committed in Eritrea.

“These Eritreans and other asylum seekers and refugees should be allowed full access to UNHCR,” said Malcolm Smart.

HRW says, "Libya: Do Not Deport Eritrean Refugees"

Geneva) - Libyan authorities should immediately stop apparent efforts to deport a group of 245 Eritreans, some of whom have been severely beaten by guards, Human Rights Watch said today. Human Rights Watch said that Libya should grant the United Nations refugee agency immediate access to the group, who were recently transported from the Misrata detention center to another detention center at al-Biraq, north of Sabha town.

"It's bad enough that Libya is brutalizing these detainees," said Bill Frelick, Refugee Program director at Human Rights Watch. "But deporting hundreds back to Eritrea, knowing full well that they could face torture and ill-treatment at home, would be a flagrant violation of Libya's legal obligations."


The UN High Commissioner for Refugees (UNHCR) has recommended that host governments refrain from forcibly returning even rejected asylum seekers to Eritrea because of the risk that returned Eritreans will be subjected to detention and torture.

Libya threatened several times to close the refugee agency's office in Tripoli and then expelled the agency's Libya representative on June 7, 2010. In recent days, the government permitted UNHCR to resume extremely limited activities, allowing it to work only with refugees and asylum seekers previously registered by the agency.

The Eritreans had been held in the Misrata detention center in Libya's coastal region west of Tripoli. Tensions mounted after June 7 when the refugee agency's workers stopped visiting the Eritreans held there.

Eritrean detainees in Misrata have managed to inform Human Rights Watch that over the past few weeks Libyan officials forced them to complete bio-data forms in the Eritrean Tigrinya language provided by Eritrean embassy officials and to be photographed. Fearing that these steps were taken in preparation for their deportation, some detainees tried to escape on June 28, resulting in a confrontation between detainees and guards.

According to credible sources, on June 30 Libya transported 245 male Eritreans from Misrata to a remote detention center at al-Biraq, near Sabha, a town with an airport in the center of the country in the Sahara desert that has been the site of previous deportations to Sub-Saharan African countries. About 80 women and children remained behind in Misrata, some separated from male family members. Witnesses informed Human Rights Watch that the Eritreans were jammed into three shipping containers mounted on trucks for the 12-hour, non-stop journey through the desert.

Detainees told Human Rights Watch that Libyan guards severely beat them in the confrontation in Misrata, as well as on the way to al-Biraq; some were taken from Misrata to hospitals, while others arrived at al-Biraq with broken limbs. The detainees said they were given no food or water during the journey and no medical attention in al-Biraq. They also said that Libyan guards told them they would be deported to Eritrea.

"The brutal beatings, denial of food and water, transport through the desert in overcrowded trucks, and the imminent threat of deportation all appear to be punishment for the Misrata uprising," Frelick said. "Libyan authorities seem to think they can get away with these terrible abuses after stripping UNHCR of its ability to protect refugees and asylum seekers."

Both the Convention against Torture and the African Refugee Convention forbid Libya from sending individuals to countries where they face a serious risk of persecution or torture. Libya is also a state party to the International Covenant on Civil and Political Rights (ICCPR), which, under article 13, prohibits arbitrary expulsion and entitles foreigners to an individual decision on their removal/expulsion.

The Human Rights Committee has interpreted article 7 of the ICCPR to forbid refoulement - or forced return - of persons to places where they would be at risk of torture or cruel, inhuman, or degrading treatment or punishment. Under customary international law, Libya is also obliged not to return anyone to places where they may face persecution or where their lives or freedom would be at risk.

Background

Human Rights Watch reported in January that the Libyan authorities had given Eritrean officials access to Eritrean migrants and asylum seekers detained in Libya, including at the Misrata detention center, violating the right of asylum seekers to keep their refugee claims confidential from their home governments. Human Rights Watch warned then that granting officials such access suggested that the asylum seekers might be in danger of being forcibly returned to Eritrea.


Increasing numbers of Eritreans are fleeing the indefinite national military service imposed by the Eritrean government and pervasive arbitrary detention and torture. Eritrea routinely imprisons individuals caught trying to flee the country and has "shoot to kill" orders for anyone crossing the border without permission. If the government identifies someone who has successfully crossed into Ethiopia or Sudan, it subjects their family members to large fines and sometimes imprisonment.

On April 26, 2009, Libya's justice minister, Mustafa Abd al-Jalil, told Human Rights Watch that Libya would not deport Eritreans or Somalis, in line with Libya's 1969 Constitutional Proclamation, which says that "the extradition of political refugees is prohibited," as well as Law 20 of 1991, which says that "the Jamahiriya [Republic] supports the oppressed and...should not abandon the refugees and their protection."

In September 2009, Human Rights Watch released a report, "Pushed Back, Pushed Around," which documented frequent abuses of migrants while in detention in Libya, as well as the general practice of detaining migrants for indefinite periods of time. Libya has not signed the 1951 Refugee Convention or its 1967 Protocol and has no asylum law or procedures. There is no formal mechanism for individuals seeking protection in Libya. The authorities make no distinction between refugees, asylum seekers, and other migrants. Libya has, however, ratified the African Refugee Convention.

Rome’s pushback endangering Eritreans

Tripoli- The issue of pushback of refugees and asylum seekers back to Libya reached its bitter level. Regardless of the criticisms it faced, Italy continued to breach the rights of asylum seekers, in particular Eritreans since 2003. At the back of every abuse on Eritreans, Italian presence is evident. It financed all the detention, deportation and raids from Libya. Italy should be condemned and should be highly criticized for its racist policy for providing good abuse ground in Libya.

It is true, all the violence is taken in Libya, but it is mostly attributed to Italy. Italy finance detentions, it finance deportation flights and now Italy is dumping asylum seekers back to Libyan soil with out caring what will happen to them on the Libyan ground. Among the pushed back people are Eritreans and Somalis, which are all refugees and potential refugees. Eritreans who flee their county for asylum claim are at the extreme end. Their right to claim asylum in EU states is breached and they are sent back to dark detentions of Libya. Italy do not even try to negotiate with Libyan counterparts about how this refugees should be handled.With out trying to screen out their claim, they are sent back from the high sea. Berlusconi rather advocates about their welcoming with UNHCR in Libya...It is all misleading and it should be condemned.

Now, all the pushed-back once, who remained for about a year in detention are in danger. According to the detainees, they were seriously beaten by a ranger army and sent back in closed containers to Sebha deportation center, most probably to be kicked back to Eritrea. How Rome will defend its naked tactic of push back? It is clear now, it is clear even for those who pretend not to accept the truth. It is not only Libya, but also Italy should be condemned for every thing that is happening in Libya. By the end of the day, the two countries should be pressurized to respect their international obligations on human rights.

But, the fate of the Eritreans in Sebha detention center is unknown. After they are transported early morning 30th June, they remain there. Many of them are with pajamas and the rest are naked as they did not get time to wear their closes. Many are lightly injured and few are injured seriously. They are now with out any humanitarian assistance and out side the reach of eye. Their mobile phones remained closed, thus nobody knows if they are still there or something is done.

The Eritrean community in Tripoli hopes that, the Italian population to condemn its racist government that do not obey its international obligation.Italian government should stop looking revenues at the cost of immigration. Libya is the number one to be criticized, but Italy also the second as every thing is done with the Euro of Italy. Italy and Libya, obey your international obligations. It is about human right we talking, not on oil or trade goods. High respect on human being and less value on oil/natural gas!!!