US embassy cable - 04BRUSSELS4151

UNCLAS SECTION 01 OF 03 BRUSSELS 004151 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT FOR PRM - KRYAN; EUR/ERA - KSHEARER 
 
E.O. 12958: N/A 
TAGS: SMIG, PREF, PHUM, EUN, USEU BRUSSELS 
SUBJECT: MIGRANT CAMPS IN LIBYA/UKRAINE: EU DEBATES 
MEASURES TO CONTROL INTERNATIONAL MIGRATION 
 
REF: (A) BRUSSELS 4012 (B) MADRID 3701 
 
1.  (SBU)  Summary.  The EU faces a delicate balancing act 
between controlling the illegal follow of migrants crossing 
its external frontiers while maintaining the asylum channel 
open for those in need of international protection (reftel 
a).  Increasingly, EU Member States are willing to consider 
extra-territorial measures which might satisfy both of these 
objectives.  A warming of relations with Libya has galvanized 
Italy to support a plan for migrant processing camps which 
would help seal off the North African gateway used by 
illegals.  With an Italian soon to be in charge of the EU's 
border management policy, the plan has also gained new 
strength in Brussels.  Meanwhile, similar measures have been 
proposed to stem the flow of asylum seekers from the east, 
particularly Chechens.  A composite list of "safe" countries 
is another measure being considered by the EU to preserve the 
asylum channel for those with credible claims.  End Summary. 
 
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The Eastern Front:  Migrant Camps in Ukraine 
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2. (SBU) Austria has joined the bandwagon of Member States 
supporting a plan to screen would-be asylum seekers outside 
the boundaries of the EU, an idea which is expected to come 
up at an EU Council meeting on September 30. The Baltic 
states support Austria in suggesting that migrant processing 
camps be set up in Ukraine to interview Chechens and others 
from the east seeking protection (a plan rejected by 
Ukrainians).  Chechens have supplanted Iraqis as the number 
one group of asylum seekers in the EU.  Over half of the 
Chechen applications are filed in Austria, Poland and the 
Czech Republic.  Sizeable numbers of applications are also 
made in Germany, Slovakia and Belgium. 
 
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The Southern Front:  Migrant Camps in Libya 
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3. (SBU) Although Germany was vocally opposed to the idea a 
year ago when the UK presented a plan for migrant processing 
centers outside the EU, Interior Minister Schily is now 
leading the charge for a reconsideration of the British 
proposal.  Italy, which has been faced with waves of migrants 
arriving in precarious crafts on the island of Lampedusa, 
argues the camps are needed for humanitarian reasons to stop 
the perilous sea crossings.  Italian authorities estimate 
that close to 10,000 migrants have crossed the Mediterranean 
illegally this year to reach Italy's shores.  Following its 
reported success in working with Albanian authorities to stem 
the tide of migrants across the Adriatic, Italy is now 
focusing its attention on North Africa and has called for 
migrant processing camps in Libya.  Those in need of 
international protection would be resettled within the EU 
(dividing the burden equally among Member States).  Economic 
migrants would be returned directly to their countries of 
origin from Libya. 
 
4. (SBU) On a related track, Libya's promise to help prevent 
clandestine migration was the dominant factor in the EU's 
preliminary decision on September 22 to lift economic 
sanctions on the former pariah.  The decision came after 
Italy requested permission to provide equipment (such as 
binoculars and boats) to Libya for the fight against illegal 
immigration.  Libya had reportedly signaled its willingness 
to cooperate in controlling migration, but argued it did not 
have the resources to prevent the flow of migrants from 
Sudan, Chad and other parts of Africa through its territory. 
Malta strongly endorsed the Italian request; a Maltese 
diplomat told reporters that lifting economic sanctions was 
good news because it will "help Libya purchase the equipment 
it so badly needs to monitor its borders more effectively." 
 
5. (SBU) Spain's new Socialist government, which faces 
similar influxes both in the Mediterranean and Atlantic (to 
the Canary Islands), is ambivalent about the proposal for 
migrant camps abroad.  This year Spain has interdicted 412 
illegal immigrant boats leading to the arrest of more than 
10,042 illegal immigrants.  Officials rescued 171 illegal 
immigrants, while fifty-three persons drowned and 35 
"disappeared" in Mediterranean waters (reftel b).  About one 
million illegal migrants are thought to be living in Spain. 
Nevertheless, the new government has sought to take a softer 
line on undocumented migrants. 
 
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The View From Brussels: Pre-confirmation Support 
------------------------ 
 
6. (SBU) Whereas outgoing EU Commissioner for Justice, 
Freedom and Security (JFS) Antonio Vitorino has maintained a 
discreet silence over the renewed calls for extra-territorial 
measures, his re-emplacement has jumped into the fray and 
supported the Italo-German plan for camps in Libya.  Because 
of repeated press pronouncements favoring the idea, the 
European Parliament asked incoming JFS Commissioner Rocco 
Buttiglione to put his views on the migrant processing camps 
into writing.  Citing a recent maritime tragedy involving 
migrants, he reasoned, "We have to find a viable alternative 
to the clandestine and dangerous practices of smugglers which 
threaten both people with a legitimate need for international 
protection and migrants trying to enter the Member States in 
search of a better life."  He stated, "Our first aim should 
be to address humanitarian needs and prevent the 
Mediterranean from becoming a 'graveyard'."  Buttiglione also 
mentioned the objective of working with Libya and other 
neighbors in the framework of the European Neighborhood 
Policy for solving regional problems and engaging in concrete 
cooperation and reinforced assistance. 
 
7. (SBU) Buttiglione can expect a rigorous grilling during 
his confirmation hearing before the Parliament on October 5, 
particularly from leftist parties.  Not only are they leery 
of the migrant camp schemes, they are put-off by 
Buttiglione's staunchly Catholic views on homosexuality and 
abortion, as well as his close ties to Pope John Paul II. 
 
8. (SBU) As with the UK plan, UNHCR has again criticized the 
proposal for migrant processing camps.  A UNHCR spokesman 
argued, "Libya does not have the necessary asylum laws or 
structures to deal with this....Libya has not even signed the 
1951 Convention."  Sweden and France also have criticized the 
proposals for lack of adequate protection mechanisms.  Even 
officials in Buttiglione's own office have expressed 
criticism of the plan.  "Libya has been criticized by Human 
Rights Watch for refouling refugees to neighboring 
countries," said one. 
 
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Safe Countries of Origin in Granting Asylum 
------------------------ 
 
9. (SBU) Also expected to be on the agenda of the upcoming EU 
Council meeting of September 30 is a discussion over a 
unified list of "safe countries of origin."  Requests for 
asylum from any citizen of these countries would be 
pre-judged as "manifestly unfounded".  The initiative for a 
"safe" list began during the Italian Presidency and was 
continued by the Irish.  Legal and human rights standards 
agreed to as a pre-requisite for the list are so high that 
only seven African and three Latin American countries are 
currently under consideration for a "safe" designation. 
(Note.  Only countries with significant numbers of asylum 
seekers were reportedly considered for inclusion on the 
list.)  Views among Member State vary widely, with some 
countries and many advocacy groups objecting to the concept 
of the list itself. 
 
10. (SBU) Momentum is gaining to strike all Latin American 
countries off the list for political reasons.  Countries not 
given the "seal of approval" of being selected for the list 
might complain about the omission, so it might be best to 
ignore the whole region.  As to the African candidates, the 
two EU heavyweights -- France and Germany -- are taking 
opposing sides.  France is pushing hard for all seven to be 
included on the list because France receives the bulk of the 
claims from these countries.  (For instance, over 90% of all 
asylum claims made by Malians in the EU are filed in France.) 
 Germany, because of domestic politics, is questioning the 
African countries identified for inclusion on the list over 
the issue of female genital mutilation.  Since the Green 
party campaigned hard for Germany to consider gender and 
other related claims in deciding asylum requests, it does not 
want to include African countries on the list where FGM is 
practiced for cultural reasons. 
 
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Comment 
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11. (SBU) The resurgent call for migrant processing camps 
outside the EU will likely fade once it comes under scrutiny. 
 Legal experts predict European courts would not support the 
practice of intercepting migrants on the high seas and 
transferring them to third countries.  Furthermore, no EU 
Member State possesses a territory in the vicinity which is 
outside its immigration laws (similar to those used by the 
U.S. and Australia in deterring dangerous, unauthorized 
maritime crossings).  Questions about protection mechanisms 
in proposed extra-territorial venues -- Ukraine and Libya -- 
will be tough to answer.  Last year's proposals by the UK 
were quickly rejected:  Croatia (by the government, insulted 
at the suggestion) and Albania (for the lack of an effective 
asylum system).  In this year's debate, the UK has remained 
strangely silent.  Either it is happy with its success in 
cutting its number of asylum seekers in half through a 
variety of policy changes, or it is letting other EU Member 
States make the case this time around.  What the revived idea 
does underscore is the EU's never-ending quest to find ways 
to stop the flow of unauthorized migrants to its shores. 
 
McKINLEY