MEMO/10/472
Brussels, 5 October 2010
European Commission and Libya agree a Migration Cooperation agenda during high level visit to boost EU-Libya relations
The visit to Tripoli (Libya) on 4 and 5 October by Cecilia Malmström, European Commissioner for Home Affairs, and Štefan Füle, European Commissioner for Enlargement and European Neighbourhood policy was the culmination of increased dialogue and part of the new momentum in EU – Libya relations, marked by several positive developments in 2010:
Good progress in the negotiations of the bilateral 'Framework Agreement', which will establish a very first official and legal relationship between the EU and Libya and open up many areas for working together.
Increased financial support for Libya’s reforms amounting to a total of € 60 million for the period 2011-2013. These funds will help improve Libya's health sector, support economic development and in particular Libya’s small and medium enterprises, and assist the Libyan administration in its modernisation efforts.
Opening an EU Office in Tripoli, that should become operational before the end of the year, as a demonstration of EU's commitment to establishing a long-term relationship with Libya.
Agreement with Libya to develop our cooperation on migration-related issues.
In the framework of the visit an agreement on a migration cooperation agenda was signed yesterday evening in Tripoli by Commissioner Malmström, Commissioner Füle, M. Moussa Koussa, the Secretary of General People's Committee for Foreign Liaison and International Cooperation, and M. Yunis Al-Obeidi, the Secretary of General People's Committee for Public Security. This is a Cooperation agenda between the European Commission and Libya, including concrete steps on border surveillance system, mobility-related issues, smuggling and trafficking in human beings, and dialogue on refugees and international protection.
Commenting the signature of the Cooperation agenda Commissioner Malmström said: ''It is my objective to put the protection of fundamental rights of all people involved in migratory and asylum flows at the centre of our efforts in the EU relationship with Libya. The Cooperation Agenda will enable us also to promote initiatives aimed at better protecting and assisting the rights of migrants and refugees'.
Commissioner Füle said: "I welcome agreeing on this cooperation agenda because this is an important first step to solve the serious challenge irregular migration poses not only to Libya but also to the EU. This step is part of the much broader relationship we are trying to build together. It was clear from our talks in Tripoli that both EU and Libya have at heart to sustain the new momentum in our relationship over recent months."
The EU and Libya also discussed the establishment of an informal group of senior officials that would oversee the implementation of the list of possible initiatives in the field of migration cooperation. The proposed initiatives will be implemented through a variety of means, ranging from the sharing of experience and best practices, as well as financing of actions, including the acquisition of equipment in accordance with applicable rules.
Both sides agreed on the following initiatives for possible further dialogue and cooperation.
1. Regional and Pan african dialogue and cooperation
Increasing joint efforts in the development of African countries of origin of migration. This would build on the serious and substantial efforts of Libya and the European Union as major donors to African countries. In this context, the EU and Libya will continue to address root causes of migration in the countries of origin of migrants travelling through Libya and creating viable alternatives to migration in these countries.
The EU and Libya will support awareness campaigns to take place in main countries of origin of migrants transiting through North Africa and Libya specifically to alert migrants to the dangers of irregular migration.
Libya and the EU will work together in the implementation of the "Declaration of Tripoli on Migration and Development" of 2006, and the EU-Africa Migration, Mobility and Employment Partnership adopted in Lisbon in 2007.
Libya and the EU will increase dialogue and exchange information regarding the issue of smuggling of human beings and related illicit traffics reaching Libya from other countries and the EU from Libya.
Libya and the EU will also establish an informal consultative group that will exchange information on development policies benefitting Africa, and possibly also to identify development projects in sub Saharan Africa. This group will be composed by the Libyan administration, by the representatives of the European Commission and of the EU member States which are willing to participate.
2. Mobility
The European Commission and EU Member States will explore further the possible actions to be taken, at administrative and other levels, including in the context of the local Schengen cooperation, in view of simplifying the granting of short-stays (single and multiple-entry) visas to Libyan citizens. Discussion will also start on the possibility for the abolition of entry and exit visa requirement for EU citizens entering or leaving the Libyan territory and other requirements limiting circulation, including the need of translating the passport into Arabic.
Carrying out seminars and exchanging information in order to improve mutual knowledge with regard to respective legislations, procedures and practices of the Libyan visa policy and of the EU common visa policy, including in relation to the VIS roll-out.
3. Ensuring effective management of migratory flows
Supporting the development in Libya of a more efficient system to manage labour migration. This could be done by allowing to maximise the skills of the migrants already present in the country and of the newcomers.
Enhancing the capacities of Libyan authorities, Libyan NGOs and international organisations, to properly launch and implement search and rescue operations aimed at saving lives of migrants in the desert or on high seas and to provide them with the necessary humanitarian assistance.
Providing decent treatment, reception and assistance - in line with international standards - to irregular migrants intercepted or readmitted or to be returned by Libyan authorities, or stranded in Libya, with focus on migrants belonging to vulnerable categories (like unaccompanied minors, victims of trafficking; pregnant women, and families with small children). This could build on the activities already carried out in Libya by the local authorities, international organisations and NGOs.
Offering assisted voluntary return home to irregular migrants intercepted or readmitted or to be returned by Libyan authorities, or stranded in Libya or in the countries of origin, as well as offer support for their social and professional reintegration.
Enhancing the capacity to address smuggling and trafficking in human beings, with reference in particular to the two respective protocols of the 2000 UN Convention on the Trans-national organised Crime, and in view of reinforcing the capabilities of law enforcement officials in charge of the implementation of this legislation, by taking also into the account the Ouagadougou Action Plan to combat Trafficking in Human Beings.
4. Border management
Carrying out a gap-analysis on the current functioning modalities of the Libyan border and immigration services, aimed at reinforcing the capacity of the latter to prevent the irregular migration flows from entering Libya from its Southern borders.
Strengthening cooperation between Libya and the neighbouring and other transit and origin countries, in the border surveillance and in the prevention of attempts of irregular migrants and smugglers to violate Libyan borders, through promoting joint patrolling, intelligence sharing, the development of joint training, the facilitation of working contacts and the establishment of dedicated communication channels aimed at transmitting early warnings and sensible data.
Supporting the development of Libyan patrolling, search and rescue capacities in its territorial waters and at high sea. Delimiting the search and rescue region for which it Libya is responsible, pursuant to the SAR Convention it has ratified.
Establishment of an integrated surveillance system along the Libyan land borders, with focus on the areas prone to irregular migration flows, in line with the Memorandum of Understanding agreed between Libya and the European Commission on 23 July 2007.
Exploring concrete possibilities of cooperation between Libyan police, border, migration authorities and agencies and those of the EU Member States as regards the return and readmission of irregular migrants.
5. International Protection
Supporting Libya in its efforts aimed at establishing a protection system able to deal with asylum seekers and refugees in line with international standards and in good cooperation with the competent international organisation , in particular through providing advice on the development of a legislation in line with the 1969 African Union Convention Governing the Specific Aspects of Refugee Problems in Africa as well as providing training, technical assistance and equipment in view of promoting the development of administrative structures and human resources, able to properly act in line with this legislation
Assisting Libyan authorities in screening migrants in order to identify those in need of international protection and in addressing the burden represented both by the recognized refugees and the unsuccessful asylum seekers, and which would consist in resettling some of the recognized refugees towards EU Member States, in supporting the voluntary return of some of the unsuccessful asylum seekers back to their origin country, as well as in enhancing the reception capacities offered in Libya to asylum seekers and refugees.