On Thursday 2 February, on the eve of the informal summit of Valetta, 350 km from the coast of Libya, the European leaders reiterated their determination to cut off the migration route of the central Mediterranean and to toughen up the policy of returning illegal migrants to the African countries of origin in full respect of international law (see EUROPE 11716).
"Now it is time to close down the route from Libya to Italy", said the President of the European Council, Donald Tusk, following a meeting with the Prime Minister of the Libyan government of national unity, Fayez al-Sarraj (see other articles). He said that he believed strongly that with the required determination, securing the external border of the EU with Libya - where 90% of the central Mediterranean migrants currently originate - is "within our reach". He went on to refer to the imminent signature of a memorandum of understanding between Italy and Libya on training the Libyan coastguard.
National and European experts were putting the finishing touches to the draft 'Declaration of Valetta', to be adopted by the Twenty-Eight on Friday. Building on the proposals of the European Commission (see EUROPE 11711), this text lists ten priority operational measures: - training and equipping the Libyan coast guard on the basis of actions already carried out in the framework of the operation EUNAVFOR Med Sophia (see EUROPE 11715); - help Libya to better manage its land borders; - amplify the fight against traffickers; - support the development of local communities sometimes involved in the trafficking of human beings; - ensure that decent hosting capacities are set in place the migrants in line with the UN and the International Organisation for Migration (IOM); - carry out awareness campaigns aimed at individuals considering departing on the dangers of travelling to Europe; - assisting the IOM significantly to increase its voluntary returns operations; - monitor the appearance of any alternative migration routes in cooperation with Libya's neighbouring countries.
The controversial issue of forced returns
In Valetta, as long ago as November 2015, discussions between European and African leaders stumbled over the issue of the readmission of so-called 'economic' migrants (in other words those ineligible for refugee status in the EU) who, unlike illegal migrants from Turkey in 2015, constitute the largest contingent of migrants using the central Mediterranean route (see EUROPE 11429). The draft declaration stresses the need to allow the European migration policy to face future crises, particularly by identifying potential obstacles, for instance in connection with the conditions to be met in order to authorise returns, in full respect of international law. To this end, the Twenty-Eight are expected to welcome European Commission's intention of presenting a revised action plan for returns.
There are a number of elements drastically limiting the returns of migrants to the countries of origin. These countries do not necessarily recognise the nationality of the migrants who, in many cases, destroy their identification documents once they are in Europe. Despite a Commission proposal in September 2015 (see EUROPE 11385), there is currently no European list of countries of origin that can be described as safe with regard to international law. As for returns of illegal migrants to the transit countries, the case of Turkey is a symbol of the problems of such operations in terms of international law. Nonetheless, "there seems to be a consensus in favour of moving towards using the concept of safe third country as a basis to approve returns to the countries of first arrival outside the EU of migrants who are not nationals of these countries", the organisation Human Rights Watch stated in a press release.
In Valetta, therefore, discussions will focus first and foremost on tightening up the external borders of the EU. Until the member states feel that these borders are safe, the opening up of legal immigration channels will not be on the agenda. A European source told us that the European leaders are not yet ready to initiate a process to handle asylum applications directly from camps in Africa.
However, the organisation Amnesty International warns that "closing the EU's southern sea borders would put thousands of refugees and migrants (...) at risk of detention and appalling human rights abuses" in a country ravaged by war since Colonel Gaddafi was forced to step down in 2011 by instigation of France and United Kingdom. (Original version in French by Mathieu Bion with Solenn Paulic)