US embassy cable - 05BRUSSELS1685

C O N F I D E N T I A L SECTION 01 OF 02 BRUSSELS 001685 
 
SIPDIS 
 
DEPARTMENT FOR PRM/AFR -- PLEASE ALSO FORWARD TO USLO 
TRIPOLI; CAIRO FOR REFCOORD, GENEVA FOR RMA 
 
E.O. 12958: DECL: 04/28/2015 
TAGS: PREF, PHUM, SMIG, LY, USEU BRUSSELS 
SUBJECT: DEMARCHE RESPONSE:  UNHCR STATUS AND ACCESS TO 
REFUGEES IN LIBYA 
 
REF: STATE 72108 
 
Classified By: PRMOFF MARC J. MEZNAR.  REASONS 1.4 (B) AND (D). 
 
1. (C) Summary.  On April 21, PRMOff delivered reftel message 
to Nicola Annecchino, European Commission (EC) Head of Unit 
for Asylum and Migration Issues at Directorate General 
Justice Freedom and Security (JFS), regarding the status of 
UNHCR and the plight of asylum seekers in Libya.  During a 
follow-up meeting with Annecchino and his staff on April 26, 
he said the EC fully agreed with the Department,s analysis 
of the situation and shared USG concerns, but is unlikely to 
deliver a demarche to the Libyan government on this specific 
issue.  The EU stresses that international protection is one 
part of a comprehensive dialogue it seeks to establish with 
Libya and will not "cherry pick" an issue.  End Summary. 
 
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Trying to Chart an EU-Libya relationship 
------------------------ 
 
2. (C) Annecchino said that efforts to improve Libya,s 
structure and practices with regard to international 
protection are part of a comprehensive framework discussion 
between the European Union (EU) and Libya.  Currently, 
relations between the EU and Libya are in a state of limbo; 
Libya is not a partner of the EU,s Barcelona process that 
unites the Mediterranean rim countries.  Concerns over the 
treatment of refugees and asylum seekers are part of a 
broader migration agenda that also covers illegal immigration 
and trafficking in persons.  Given the unabated flow of 
clandestine migrants through Libya, and the ensuing pressure 
put on the EU,s southern flank in Italy and Malta, the EU is 
keenly aware of and interested in reaching a comprehensive 
agreement with Libya on migration and asylum issues. 
 
3. (C) In November 2004, the EC led an assessment mission to 
Libya that included fourteen experts from Member States, as 
well as EUROPOL, to analyze conditions at ports of entry, 
land and sea borders and camps for asylum seekers and other 
migrants.  The GoL was cooperative and seemed willing to work 
with the EU on what might be done collectively to improve 
conditions.  Following the assessment mission, JFS 
Commissioner Frattini sent a report to the European Council. 
Currently, the EC is awaiting a response from the Council to 
authorize technical cooperation with Libya in the area of 
asylum and migration.  One complication, which may delay a 
green light, is the fate of the Bulgarian medical personnel 
facing the death sentence in Libya. 
 
4. (C) Annecchino said the EC is not quite certain how to 
approach Libya if the green light should come from the 
Council.  He characterized Libya as a very strange place 
where one mercurial person calls the shots.  He also noted 
that Libyan government concerns and social tension caused by 
the influx of sub-Saharans may prevent genuine action on the 
part of Libyans even if an agreement is reached.  Demographic 
trends indicate that within five years Arabs in Libya may be 
outnumbered by sub-Saharans.  Furthermore, as a resource-rich 
country, Libya is not in need of funding for activities (as 
other problematic neighbors, such as Albania and Morocco, 
have been).   The EU,s only significant carrot is 
international acceptance.  Annecchino said the EU would 
consider enhancing its bilateral and regional relationships 
(such as the current 5 plus 5 group in the 
trans-Mediterranean region) to gain Libyan cooperation in the 
area of asylum and migration. 
 
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Managing migration and enhancing protection 
------------------------ 
 
5. (C) The EC has met with UNHCR regarding an effective way 
to approach Libya.  Both share the concern that convincing 
the GoL to sign the Geneva Refugee Convention may simply 
provide them with a "fig leaf" to gain international approval 
without any true commitment to manage migration in a humane 
manner and/or offer genuine international protection.  (Note. 
 UNHCR regional representative Judith Kumin confirmed this to 
PRMOff in a separate meeting on April 26.  End Note.)  For 
this reason, the EC currently feels that it would be best to 
convince Libya to act on commitments that it already has 
subscribed to, like the OAU convention on refugees and the 
Palermo convention on trafficking. 
 
6. (C) When asked about Libya,s actual ability to control 
its borders, Annecchino said that despite its lengthy land 
border, there were actually very few trans-Saharan routes 
used by migrants, smugglers and traffickers.  He felt Libya 
could easily stop migration if it decided to, although 
reinstating a visa regime with African countries would be 
difficult politically.  With regard to the clandestine 
maritime crossings, Annecchino also felt that Libyan 
authorities could open and close the tap at will. 
 
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The EU-Italy dimension 
------------------------ 
 
7. (C) The whole situation in Libya with regard to asylum and 
migration is seriously complicated within the EU because of 
the actions undertaken in southern Italy, particularly on the 
island of Lampedusa, as well as by bilateral initiatives 
between Italy and Libya.  Annecchino noted that the European 
Parliament had issued a statement on April 14 calling on 
Italy to stop the collective expulsions of asylum seekers and 
irregular migrants to Libya, highlighting the ill treatment 
there and possibility of refoulment for true refugees.  The 
statement argued that "the Italian authorities failed in 
their international obligations by not making sure that the 
lives of the people they expelled were not threatened in 
their countries of origin." 
 
8. (C) Annecchino said that UNHCR had raised these same 
concerns with the EC.  However, Italy has assured the EU that 
it conducts individual assessments of arrivals and does not 
engage in collective deportations.  Annecchino said the EC 
stands ready to provide technical support to Italy in 
handling the migration crisis should they request it. 
 
9. (C) Annecchino said that the EC wished to continue sharing 
information with the U.S. regarding the situation within 
Libya, particularly as it related to asylum and migration 
issues.  He noted the particular interest of Commissioner 
Frattini (an Italian citizen) with regard to this sensitive 
issue and highlighted the public statements Frattini has made 
urging Libya to extend international protection to those in 
need. 
 
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Comment 
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The fact that many of the EC officials working on the Libyan 
dimension of migration and asylum, from the JFS Commissioner 
on down, are Italian citizens underscores the critical 
importance of the Italian dimension as the EC handles Libya. 
That migration and asylum in Italy, as in most other EU 
countries, carries a political punch also increases the 
sensitivity.  USEU recommends taking the EC up on its 
suggestion to share information about conditions for asylum 
seekers and other migrants in Libya, perhaps at an upcoming 
meeting of the EURASIL group. 
 
MCKINLEY 
.