By Ricardo Zamora
Impunity Watch Reporter, Europe Desk

ATHENS, Greece – The Greek government has failed to follow through on a January promise to reform its asylum system.  Under the current asylum procedure, Greece continues to recognize as few as 0.05% of asylum seekers as refugees in their first interview and leaves them with no guarantee against the risk of deportation back to their countries where they are subjected to inhuman or degrading treatment.

Human Rights Watch reports that Greece’s current policy is inconsistent with Article 39 of the EU’s procedures directive and articles 13 and 3 of the European Convention on Human Rights.  Greek’s failure to adopt policies consistent with the EU directives have prompted the United Nations High Commissioner for Refugees (UNHCR) to withdraw from participation in Greece’s asylum procedure.  Human Rights Watch is urging the UNHCR to reconsider.

Earlier this year Greece proposed a presidential decree to adopt relevant emergency reforms to address asylum issues.  However, the decree, which was previously postponed until September 1, 2010, has been postponed once more, making it unlikely to be implemented before the end of 2011.

“Despite its formal commitments, the Greek government has utterly failed to meet its most basic responsibilities to protect refugees,” said Bill Frelick, Refugee Program director at Human Rights Watch.  “The UN refugee agency has a mandate to protect refugees when a government is unable or unwilling.  It needs to step in now and take over processing asylum claims.”

But the delays are not entirely the government’s fault.  Serious domestic problems are also prohibiting Greece from being able to meet the demands of asylum reform proponents.  For example, the recent financial crisis has drained the government’s already scant resources, making it difficult to implement the changes set out in presidential decree.

Greece is also receiving burdens from the international arena.  Due to its location at Europe’s external border, it has to address over 10,000 requests by other EU nations wanting to funnel their own asylum seekers to Greece.  Thus, Greece has to process not only the asylum seekers of other EU nations, but its own as well.

“Greece is seriously and unfairly overburdened,” Frelick said.  “EU member states need to recognize that, stop sending migrants back to Greece, and reform the Dublin regulation.  Without that, the benefits of reforms in Greece will be undermined by ever greater numbers of returns from other EU states.”

For more information, please see:

Human Rights Watch – Greece: Asylum Reform Delay Unacceptable – September 20, 2010

Human Rights Watch – Open Letter to the Government of Greece on Reform of the Asylum and Immigration System – July 28, 2010

UNHCR – UNHCR Chief Gutteres Backs Planned Greek Asylum Reform – January 20, 2010

By Ricardo Zamora
Impunity Watch Reporter, Europe

MILAN, Italy – Libyan officials on board Italian Naval ships continue to fire on boats suspected of carrying illegal African migrants.  Such use of force between the coasts of Italy and Libya has been commonplace since May 2009.

On May 14, 2009, Italy and Libya entered into a joint agreement to curtail the flow of migrants from Libya to Italy.  The terms of the agreement explained that Italy would supply reconnaissance vessels to be operated jointly by Italian and Libyan officials for the purpose of intercepting boats attempting to smuggle African migrants into Italy.  The agreement added that Italian officials were not to physically participate in boat interceptions and were on board the vessels only in a “maintenance” capacity.

The most recent incident occurred on Sunday, September 12, when Libyan officials on board one of the several Italian vessels opened fire on a Sicilian boat located 30 miles off the Libyan coast, Italian officials report.  The incident occurred in international waters.

Further investigation revealed that the boat was, in fact, an Italian fishing trawler occupied by ten men – all of them Italian nationals.  Although none of the ten occupants were wounded, the boat’s captain openly condemned Libya’s and Italy’s actions and inactions.  Italy has apologized for what it called a “mistake.”

“The fact that the Libyan patrol fired because it mistook the Italian boat for a ship of migrants does not make it any less serious,” center-left Democratic Party senator Giuseppe Lumia said.  “Here, it’s a question of respect for international norms and fundamental human rights.”

While only Libyan officials fired upon the Italian trawler, human rights groups worry that Italy’s silence over the matter implies that it does not condemn the use of deadly force on innocent civilians.  Both governments said they are investigating the incident.

“The Libyans and Italians appear to agree that it was a mistake to shoot at Italian fishermen, but imply that it’s OK to shoot at migrants,” said Bill Frelick, Refugee Program director at Human Rights Watch.  “The bullet-riddled boat shows a reckless use of potentially lethal force that would have been just as bad if it had actually targeted nonthreatening migrants.”

Foreign Minister Franco Frattini said the event would not have any repercussions on Italian-Libyan relations.

For more information, please see:

HUMAN RIGHTS WATCH – Libya: End Lice Fire Against Suspected Boat Migrants – September 16, 2010

SAHARA REPORTERS – Libya: End Live Fire Against Suspected Boat Migrants – September 16, 2010

REUTERS – Libya Apologizes for Firing at Italian Boat – September 14, 2010