US embassy cable - 05CAIRO2682

UNCLAS SECTION 01 OF 02 CAIRO 002682 
 
SIPDIS 
 
SENSITIVE 
 
FROM REGIONAL REFUGEE COORDINATOR 
FOR PRM/A, PRM/AFR, PRM/ANE, PRM/MCE, NEA/ELA, AND AF 
GENEVA FOR RMA 
 
E.O. 12958: N/A 
TAGS: PREF, PHUM, PREL, ASEC, EG, LI, UNHCR 
SUBJECT:  LIBYA - UNHCR TRIPOLI REQUESTS USG HELP 
 
 
SENSITIVE BUT UNCLASSIFIED.  PLEASE PROTECT ACCORDINGLY. 
 
1. (U) THIS IS AN ACTION REQUEST.  SEE PARAGRAPH 10. 
 
2. (U) THIS MESSAGE HAS BEEN CLEARED BY USLO TRIPOLI. 
 
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SUMMARY 
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3. (SBU) INCIDENTS OF DETENTION AND DEPORTATION OF ILLEGAL 
MIGRANTS FROM LIBYA ARE INCREASING.  SOME OF THESE 
DEPORTEES COULD BE REFUGEES DESERVING INTERNATIONAL 
PROTECTION.  INSTANCES OF FORCED REPATRIATION ARE BOUND TO 
INCREASE AS THE EUROPEANS AND LIBYANS CONTINUE THEIR 
EFFORTS TO STOP THE USE OF LIBYA AS A CONDUIT FOR ILLEGAL 
MIGRATION TO EUROPE.  LIBYA IS NOT A SIGNATORY TO THE 1951 
UN REFUGEE CONVENTION AND DOES NOT RECOGNIZE THE UN HIGH 
COMMISSIONER FOR REFUGEES (UNHCR), WHICH IS ROUTINELY 
DENIED ACCESS TO DETAINEES.  UNHCR'S TRIPOLI OFFICE HAS 
APPROACHED US, AS A MAJOR UNHCR PARTNER, REQUESTING USG 
SUPPORT IN ITS EFFORTS TO PERSUADE THE LIBYANS TO RECOGNIZE 
ITS STATUS - PERHAPS THROUGH A MEMORANDUM OF UNDERSTANDING 
(MOU) - AND TO ALLOW IT TO OPERATE EFFECTIVELY IN LIBYA. 
UNHCR HAS SUGGESTED A BILATERAL U.S.-LIBYA STRATEGY 
INVOLVING GENEVA, THE USLO IN TRIPOLI, THE REGIONAL REFUGEE 
COORDINATOR, AND PRM IN WASHINGTON.  GIVEN THE INVOLVEMENT 
OF THE EU IN THIS ISSUE, WE BELIEVE WE SHOULD ALSO PRESS 
THE CASE THROUGH BRUSSELS, LONDON, AND ROME, ARGUING THAT 
ANY DEALS STRUCK WITH THE LIBYANS FOR THE RETURN OF ILLEGAL 
MIGRANTS SHOULD INVOLVE UNHCR.  WE SUGGEST THAT POSTS IN 
ROME, BRUSSELS, LONDON, AND GENEVA SHOULD JOIN WITH USLO 
TRIPOLI IN MAKING THE CASE FOR UNHCR INVOLVEMENT.  END 
SUMMARY. 
 
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UNHCR'S GROWING FRUSTRATION 
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4. (SBU) THE DEPORTATION LAST MONTH OF 180 PEOPLE FROM THE 
ITALIAN ISLAND OF LAMPEDUSA TO LIBYA AND UNHCR'S INABILITY 
TO GAIN ACCESS TO THE DEPORTEES EITHER IN ITALY OR LIBYA 
ADDED FURTHER FUEL TO UNHCR'S GROWING FRUSTRATION WITH ITS 
IMPOTENCE IN DEALING WITH LIBYA'S EFFORTS TO RETURN 
FORCIBLY THE THOUSANDS OF ILLEGAL MIGRANTS WHO HAVE COME TO 
LIBYA IN RECENT YEARS WITH THE HOPE OF CROSSING THE 
MEDITERRANEAN TO EUROPE. 
 
5. (SBU) IN ADDITION TO THE FORCED RETURN - WITH EUROPEAN 
COLLABORATION - OF THOSE PICKED UP AT SEA EN ROUTE TO 
PANTELLERIA, LAMPEDUSA, OR OTHER EUROPEAN PORTS, LIBYA IS 
DETAINING AND DEPORTING INTENDING MIGRANTS WHO HAVE BEEN 
UNABLE TO ATTEMPT THE CROSSING.  UNHCR SUSPECTS THAT SOME 
OF THOSE BEING RETURNED ARE GENUINE ASYLUM SEEKERS IN NEED 
OF INTERNATIONAL PROTECTION.  (NOTE:  THE RISK OF 
REFOULEMENT AND THE SUBSEQUENT NEED FOR INTERNATIONAL 
OVERSIGHT OF DEPORTATIONS WERE GRAPHICALLY ILLUSTRATED LAST 
YEAR WHEN A GROUP OF ERITREANS HIJACKED THEIR DEPORTATION 
FLIGHT AND DIVERTED IT TO KHARTOUM RATHER THAN FACE 
FORCIBLE RETURN TO ASMARA.  END NOTE.) 
 
6. (SBU) LIBYA IS A SIGNATORY TO THE 1969 OAU REFUGEE 
CONVENTION BUT NOT THE 1951 UN CONVENTION.  IT HAS NO 
SPECIFIC ADMINISTRATIVE OR LEGISLATIVE STRUCTURE TO DEAL 
WITH REFUGEES AND ASYLUM ISSUES AND HAS NO LEGAL PROCESS 
FOR DETERMINING REFUGEE STATUS.  SO FAR, THE GOVERNMENT OF 
LIBYA (GOL) HAS RESISTED ANY SUGGESTION THAT IT RECOGNIZE 
THE UNHCR, WHICH FOR THE PAST THIRTEEN YEARS HAS OPERATED 
WITHOUT ANY LEGAL STATUS IN LIBYA.  THE GOL NO DOUBT FEARS 
THAT ACCESSION TO THE 1951 CONVENTION AND/OR RECOGNITION OF 
UNHCR COULD LEAD TO AN EXPECTATION OF LIBYAN RESPONSIBILITY 
FOR THE CARE AND PROTECTION OF ITS MANY ILLEGAL RESIDENTS. 
RECOGNITION OF UNHCR COULD ALSO DENY LIBYA THE FLEXIBILITY 
TO DEPORT THESE PEOPLE AT WILL. 
 
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SITUATION DETERIORATING 
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7. (SBU) UNHCR FIRST OUTLINED ITS CONCERNS TO US DURING A 
JUNE 2004 VISIT TO TRIPOLI BY CAIRO-BASED REGIONAL REFUGEE 
COORDINATOR.  AT THAT TIME UNHCR'S FRUSTRATION WAS SUCH 
THAT REPRESENTATIVE LARBI MEBTOUCHE WAS CONSIDERING 
RECOMMENDING THAT UNHCR PULL OUT OF LIBYA ALTOGETHER. 
UNHCR HAS SINCE DISCUSSED THESE CONCERNS WITH USLO TRIPOLI 
ON A NUMBER OF OCCASIONS.  MEBTOUCHE NOW SAYS THE SITUATION 
HAS DETERIORATED MARKEDLY SINCE LAST OCTOBER AND REFUGEES 
AND ASYLUM SEEKERS ARE INDISCRIMINATELY SWEPT UP IN GOL 
EFFORTS TO COMBAT ILLEGAL MIGRATION THROUGH ARBITRARY 
ARRESTS, DETENTION, AND DEPORTATION.   ACCORDING TO UNHCR 
THE GOL HAS MADE NO DISTINCTION BETWEEN POSSIBLE ASYLUM 
SEEKERS AND MIGRANTS AND HAS REPEATEDLY DENIED UNHCR ACCESS 
TO THE DETAINEES.  UNHCR POINTS OUT THAT LIBYA'S FAILURE TO 
RECOGNIZE THE PRESENCE OF REFUGEES IS CONTRARY TO GOL 
INTERNATIONAL COMMITMENTS UNDER THE 1969 OAU CONVENTION. 
 
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UNHCR PROPOSES A STRATEGY 
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8. (SBU) MEBTOUCHE HAS AGAIN RAISED THE ISSUE WITH REFCOORD 
AND WILL NO DOUBT REITERATE UNHCR CONCERNS DURING A PLANNED 
VISIT TO CAIRO ON APRIL 26.  HE IS NOW ACTIVELY SEEKING USG 
SUPPORT, AS A MAJOR UNHCR PARTNER, FOR UNHCR'S EFFORTS TO 
PERSUADE THE LIBYANS TO RECOGNIZE ITS STATUS - PERHAPS 
THROUGH AN MOU - AND TO ALLOW IT TO OPERATE EFFECTIVELY IN 
LIBYA.  MEBTOUCHE HAS SUGGESTED THE FOLLOWING STRATEGY: 
 
  -    THE U.S. MISSION IN GENEVA TO LIAISE WITH ACTING HIGH 
     COMMISSIONER CHAMBERLAIN AND TO PRESENT THE CASE FOR RECOGNITION 
     TO THE LIBYAN MISSION TO THE UN; 
-    USLO TRIPOLI TO DEMARCHE THE MINISTRY OF FOREIGN AFFAIRS AND 
PERHAPS THE OTHER RELEVANT MINISTRIES, SECURITY AND JUSTICE; 
-    PRM TO APPROACH THE LIBYAN MISSION IN WASHINGTON; 
-    REFCOORD TO JOIN WITH USLO IN ENGAGING THE GOL AT THE 
WORKING LEVEL, PERHAPS IN THE CONTEXT OF AN INFORMAL ROUNDTABLE 
IN TRIPOLI WITH SELECTED PARTICIPANTS, TO HELP CLARIFY THE 
ISSUES. 
 
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BUT A BROADER APPROACH IS REQUIRED 
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9. (SBU) WHILE WE SUPPORT THE UNHCR'S STRATEGY, WE BELIEVE 
OUR APPROACH NEEDS TO BE BROADER.  AS USLO TRIPOLI POINTS 
OUT, THIS ISSUE IS NOT LIBYA-SPECIFIC.  THE GOL SEES IT AS 
A MAJOR REGIONAL CONCERN WITH THE EUROPEANS PLAYING A 
PRINCIPAL ROLE.  THE STRATEGY SUGGESTED BY UNHCR'S 
MEBTOUCHE WOULD NO DOUBT HAVE A BETTER CHANCE OF SUCCESS IF 
REINFORCED BY THE EUROPEANS.  ITALY, IN PARTICULAR, HAS A 
KEEN INTEREST IN THE ISSUE, HAVING RECENTLY REACHED 
AGREEMENT WITH THE GOL AND WITH THE INTERNATIONAL 
ORGANIZATION OF MIGRATION TO FACILITATE THE RETURN OF 
ILLEGAL MIGRANTS.  THE EUROPEANS AND THE LIBYANS BOTH RISK 
INTERNATIONAL OPPROBRIUM IF THEY PROCEED WITH WHOLESALE 
REPATRIATIONS WITHOUT TAKING STEPS TO AVOID POSSIBLE 
REFOULEMENT.  IDEALLY, THE NEED FOR GREATER TRANSPARENCY 
WOULD BE RESOLVED WITH LIBYAN ACCESSION TO THE 1951 
CONVENTION.  AS A SHORT-TERM MEASURE WE COULD ASK THE 
EUROPEANS TO JOIN WITH US IN PRESSING THE GOL TO ENTER INTO 
NEGOTIATIONS WITH UNHCR TO ESTABLISH THE TERMS OF AN MOU 
THAT WOULD RECOGNIZE THE TRIPOLI UNHCR OFFICE AND GIVE IT 
FULL ACCESS TO ASYLUM SEEKERS.  AS USLO TRIPOLI NOTES, 
THERE ARE A NUMBER OF OTHER COMPLEX ISSUES, WHICH WOULD 
BENEFIT FROM ACTIVE UNHCR PARTICIPATION, SUCH AS ASSISTED 
VOLUNTARY REPATRIATION AND COORDINATION WITH COUNTRY OF 
ORIGIN SUB-SAHARAN GOVERNMENTS. 
 
10. (SBU) ACTION REQUESTED:  IN THE CIRCUMSTANCES WE 
SUGGEST THAT THE DEPARTMENT APPROVE THE ABOVE PLAN OF 
ACTION AND AUTHORIZE POSTS IN TRIPOLI, ROME, GENEVA (RMA), 
BRUSSELS (EU), LONDON, AND CAIRO (REFCOORD) TO ENGAGE 
APPROPRIATE HOST GOVERNMENTS AND EU COUNTERPARTS TO GAIN 
SUPPORT FOR THE UNHCR IN TRIPOLI AS PER PARAGRAPHS 8-9. 
 
GRAY