<EntPE>EUROPEAN
PARLIAMENT</EntPE>
|
2004 |
|
2009 |
<Commission>{LIBE}Committee on Civil Liberties, Justice and Home Affairs</Commission>
<TitreType>FINAL PROGRAMME</TitreType>
Public
Hearing
on
Tragedies of Migrants at sea
Tuesday 3
July 2007
9:00
– 12:30
Room PHS 1A002
(Paul-Henri Spaak building)
Brussels
INTRODUCTION
According to the International Centre on Migration Policy
Development, some 100.000 to 120.000 irregular migrants cross the Mediterranean
each year, with about 35.000 coming from sub-Saharan Africa, 55.000 from the
south and east Mediterranean and 30.000 from other (mainly Asian and Middle
Eastern) countries. It also estimated that, over the last decade, a total of at
least 10.000 have died trying to cross the Mediterranean and reach Europe's
southern shores[1].
The situations migrants face crossing the Mediterranean have been
covered extensively in the media recently. This surge in interest has been
mainly due to the tragic events which took place in the centre of the Mediterranean
at the beginning of June 2007.
However, these events are not confined to one specific area of the
Mediterranean: recently, such events also happened in the Atlantic or in other
regions of the Mediterranean. Moreover, these tragedies are not only a European
phenomenon: they have also taken place for example between Haiti, Cuba or the
Dominican Republic and the US.
These tragic events have also created an intense political
discussion: they were addressed during the European Parliament's plenary session
on 6 June 2007, during the Justice and Home Affairs Council on 12-13 June 2007
and again at the European Council on 21-22 June 2007. The European Commission
has also recently published a Staff Working document on the international law
instruments in relation to illegal immigration by sea[2].
It is broadly recognised that the focus must be on saving the lives
of migrants in distress at sea. This is a longstanding maritime tradition as
well as an obligation enshrined in international law. This principle is based
on two international Conventions:
- Article 98(1) of the
1982 United Nations Convention on the Law of the Sea provides that "every
State shall require the master of a ship flying its flag, in so far as he can
do so without serious danger to the ship, the crew or the passengers: (a) to
render assistance to any person found at sea in danger of being lost; (b) to
proceed with all possible speed to the rescue of persons in distressed, if
informed of their need of assistance, in so far as such action may reasonably
be expected of him".
- Regulation 33(1) of the 1974 International Convention for the
Safety of Life at Sea (SOLAS Convention) provides that the "master of a
ship at sea which is in a position to be able to provide assistance, on
receiving information from any source that persons are in distress at sea, is
bound to proceed with all speed to their assistance, if possible informing them
or the search and rescue service that the ship is doing so"[3].
The obligations of States are also defined, such as for example in
the 1979 International Convention on Maritime Search and Rescue (SAR
Convention) which obliges State Parties to "ensure that assistance be
provided to any person in distress at sea (...) regardless of the nationality
or status of such a person or the circumstances in which that person is found" (Chapter 2.1.10) and to "(...) provide for their
initial medical or other needs, and deliver them to a place of safety" (Chapter 1.3.2).
However, the interpretation of these conventions is in question, for
example as regards the place of disembarkation and as regards the question of
the State responsible for the migrants found at sea.
These tragedies in the Mediterranean are linked not only with other
EU policies such as the development policy towards the Northern African
countries, the EU migration and asylum policy but also with the general
obligation for EU Member States to respect fundamental rights (even outside the
EU territory) and all founding principles of the EU and the interpretation of the
EU solidarity when Member States are faced with exceptional circumstances as
the Southern Member States are facing now.
The European Parliament, and in particular the LIBE committee have
long asked for the reform of Dublin II[4].
However, it may take months, or even years before it is adopted.
It is also widely recognised that cooperation with third countries
as regards border control and surveillance in the Mediterranean should be
enhanced, however, it proves difficult to implement.
The role of Frontex has also been highlighted during the recent
events and they were asked to play a more extensive role of in the region.
However, it has to be remembered that, although Frontex is responsible for
coordinating Member States' actions as regards border control, the
responsibility of border management lies with Member States. Moreover,
Frontex's capacity of action depends on the technical means provided by the
Member States (the 'toolbox') and on its capacity to handle, in exceptional
cases, humanitarian crises.
This
public hearing is intended to present the current situation in the
Mediterranean (from a legal but also a concrete point of view). It will also
focus on the practical cooperation at sea between Member States and on the role
of Frontex. This public hearing will also try to highlight some possible ways
to prevent these events from taking place again.
9:00 - 9.15
OPENING
SESSION
- Mr Jean-Marie Cavada, Chair of the Committee on Civil Liberties, Justice and Home
Affairs of the European Parliament
- Mrs.
Constana Urbano de Sousa, Portuguese Presidency, JHA Coordinator, Portuguese Permanent Representation
9.15
- 10.00
SESSION
I
OVERVIEW
OF THE SITUATION
This first
session aims to present the current situation from both a concrete and legal
point of view. How are these situations dealt with on a daily basis? Which
legal provisions are applicable to such cases? Are they interpreted in a
uniform way?
Concrete
situation and recent events in the Mediterranean
Mr. Paolo
Artini, Senior Regional Protection Officer, Office
of the United Nations High Commissioner for Refugees (UNHCR), Rome
Legal
framework
Mr.
Christopher Hein, Director of the Italian Council
for Refugees, Member of the European Council on Refugees and Exiles and of the
Euro-Mediterranean Human Rights Network
Discussion
10.00
- 11.15
SESSION
II
PRACTICAL
COOPERATION AT SEA
Border
management is the responsibility of Member States. However, Frontex was asked
to play an increasing role at the EU external borders. What can it actually
achieve? Can Frontex patrols in the Mediterranean solve part of the problem? It
seems that the patrols in the Canary Islands are effective in preventing
fatalities. What are Member States' positions on how to improve practical
cooperation in the Mediterranean? What are the positions of the Northern
African countries, which are also affected by these events?
Positions of Member States and
candidate countries
Mr. Richard
Cachia Caruana, Ambassador and Permanent
Representative of Malta to the European Union
Mr. Vassilis Ph. Demetriades, Counsellor on Maritime Affairs, Permanent Representation of the Republic of Cyprus to the European Union
Mr. Ioannis Kourouniotis, Counsellor on Maritime Transport, Permanent Representation of Greece to the European Union
Mr. Eugenio Burgos Nieto, Counsellor on Home Affairs, Permanent Representation of Spain to the European Union
Mrs. Elif Comoglu-Ulgen, Counsellor, Permanent Delegation of Turkey to the European Union
Representative of the Permanent
Representation of Italy (to be confirmed)
Practical cooperation with African
countries
S.E.M. Menouar Alem, Ambassador, Head of the Mission of Morocco to the European Union
S.E.M. Mame Balla Sy, Ambassador of Senegal to the European Union (to be confirmed)
S.E.M. Mahomed Fayal Lakhoua, Ambassador of Tunisia to the European Union
Discussion
11.15
- 12.30
SESSION
III
HOW
TO PREVENT SUCH TRAGEDIES IN THE FUTURE?
These tragic
events have been broadly discussed in the past months, both in the European institutions
and in civil society. It is possible now to take stock of the potential
solutions that have been put forward by all actors. What is feasible in the
short term to prevent such tragedies? What could be the long term strategy?
Initiatives from the Council after
the JHA and European Councils
Mrs. Constana
Urbano de Sousa, Portuguese
Presidency, JHA Coordinator, Portuguese Permanent Representation
Proposals from the European
Commission
Mr. Jean-Louis De Brouwer, Director for Immigration, Asylum and Borders, Directorate-General
Justice, Liberty and Security, European Commission
Perspectives from an NGO
Mr. Pierre-Arnaud Perrouty, Legal advisor at the Ligue des Droits de l'Homme (Belgium) and Member of the Management Board of Migreurop
Perspectives from an academic
Prof. Fulvio Vassallo Paleologo, Facolt di Giurisprudenza dell'Universit di Palermo
Discussion with all participants
ANNEX
|
PRACTICAL GUIDELINES FOR THE DEBATE The floor will
be given to Members in the order in which requests are received. Speakers wishing
to supplement their speeches may do so in writing by submitting documents
(preferably in English or French) in advance to the secretariat (email: ip-libe@europarl.europa.eu).These documents will be circulated during
the meeting. IMPORTANT NOTICE FOR THOSE WISHING TO ATTEND THE
HEARING This seminar is
open to the public. However, for security reasons, participants who do not
have a European Parliament access badge must obtain a pass in advance. Those
wishing to obtain such a pass should contact the seminar secretariat (ip-libe@europarl.europa.eu) by 29 June 2007. It is essential to provide us with your
full name, address and date of birth. Without this information, the
Security Service will not provide entry passes. Simultaneous
interpretation will be available in the following languages : EN, FR, DE, IT,
NL, ES, HU, EL, PT, RO, SV, PL |
|
Seminar Secretariat |
Telephone |
Address |
E-mail address |
|
Hlne CALERS Administrator |
+32.2.284.07.68 |
European Parliament Rue Wiertz 60 RMD 01J048 B-1047 Brussels |
ip-libe@europarl.europa.eu |
|
Ryszard DE
GROOT Assistant |
+32.2.284.07.95 |
European
Parliament Rue Wiertz 60 RMD 1J036 1047 Brussels |
|
|
Eva PICKMANN Assistant |
+32.2.284.20.94 |
European
Parliament Rue Wiertz 60 RMD 1J002 1047 Brussels |