09/01/2009 - Source: UNHCR

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The Ministers of Interior of Cyprus, Greece, Italy and Malta are due to meet in Rome on Tuesday, 13 January, to

discuss the problem of irregular migrants arriving by sea. UNHCR understands that this question may also be discussed

at the informal meeting of EU Justice and Home Affairs Ministers in Prague on 15 January. In this context, UNHCR

appeals to EU Member States to ensure that people seeking asylum have access to territory and to fair procedures for

examining their claims.

During 2008, out of a total estimated figure of more than 67,000 people crossing to Europe by sea, some 38,000 persons

arrived in Italy and Malta alone, mostly after transiting through Libya. The vast majority applied for asylum, and more

than half of those claiming asylum were found to be in need of international protection. With few opportunities to enter

the EU by regular means, thousands of people threatened by persecution and serious human rights violations in their

home countries have no choice but to take the dangerous sea route. This highlights the vital need to ensure that State

agreements and measures to tighten borders do not block access to safety for those seeking protection in the EU.

Attention has recently focused on large numbers of persons landing on the Italian island of Lampedusa. UNHCR

appreciates the efforts made by States along the Mediterranean to rescue people in distress at sea. We also recognize

that boat arrivals put significant strains on the resources of those countries. People seeking asylum must nevertheless be

allowed to disembark in a safe place, where they can receive information about their rights and have a genuine

opportunity to file an asylum application which will be considered in a fair procedure. Sending refugees back to

countries where they cannot enjoy effective protection could violate Member States' international obligations to refrain

from refoulement.

Available data shows many boat arrivals are persons originating from Somalia and Eritrea. According to preliminary

figures for 2008, about 75 percent of those who arrived in Italy by sea applied for asylum, and around 50 per cent of

them were granted refugee status or protection on other humanitarian grounds. Nearly all people who arrived irregularly

by sea in Malta applied for asylum and some 60 percent were recognized as being in need of international protection.

This shows that the Mediterranean Sea is indeed an "asylum route" for many people fleeing violence and persecution.

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UNHCR speaks out on boat people in Mediterranean

EU member states must ensure that people seeking asylum have continued access to their territory and to fair

procedures examining their claims, the United Nations High Commission for Refugees said on Friday.

UNHCR spokesman Ron Redmond said that the vast majority of the 38,000 who reached Italy and Malta during 2008

applied for asylum and that the majority of these were found to be in need of international protection. Nearly all of

those who arrived in Malta applied for protection, and some 60 per cent were recognised to be in need of protection, he

added.

These figures indicated that the Mediterranean Sea was indeed a valid “asylum route” for those fleeing violence and

persecution in their own countries, Mr Redmond said.

The agency also noted that irregular migrants had few opportunities to enter the EU by regular means, leaving them no

choice but to risk the dangerous sea route.

In light of a January 13 meeting between the interior ministers of Malta, Italy, Greece and Cyprus, and an informal

meeting between all the justice and home affairs ministers of the EU 2 days later, UNHCR sought the assurance that

any multilateral agreements and measures which would tighten borders would not serve to block access to safety for

those who sought protection in the EU.

Whilst recognising that boat arrivals put significant strains on the resources of the countries involved, the agency

insisted that “people seeking asylum must nevertheless be allowed to disembark in a safe place, where they can receive

information about their rights and have a genuine opportunity to file an application which will be considered in a fair

procedure.”

Mr Redmond also warned that sending people back to countries where they could not enjoy effective protection would

be a violation of member states’ international obligations.

As signatories of the UN Convention Relating to the Status of Refugees, EU members are bound to the principle of nonrefoulement,

forbidding the expulsion of refugees and asylum seekers to areas where they might be subject to

persecution.

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