Outsourcing European Border Control: Recent Trends in Departures, Deaths and Search and Rescue Activities in the Central Mediterranean

Guest post by Matteo Villa (Italian Institute for International Political Studies, Milan), Rob Gruijters (Department of Social Sciences, Humboldt University, Berlin) and Elias Steinhilper (Department of Political and Social Sciences, Scuola Normale Superiore, Florence).

In our previous blog post ‘Border Deaths in the Mediterranean: what we can learn from the latest data?’ on Border Criminologies (March 2017) we discussed the existing data sources on Mediterranean Sea migration and provided an analysis of key patterns and trends. We found that Search and Rescue (SAR) has little or no effect on the number of arrivals, and it is rather the absence of SAR that leads to more deaths. These results, which are in line with other research, were covered by various European media outlets and also resulted in a peer reviewed publication in Sociology (also available as a free preprint).

These findings covered the period until December 2016. Since then, however, the context of European border policy has changed considerably:

• Through a mix of political pressure, financial incentives and military assistance, the EU has tried to induce transit countries in the Sahel to close their borders to Europe-bound migrants. According to European parliament president Tajani, this resulted in a 95% drop in crossings through Niger, a key transition point for migrants on the way to Libya, although it cannot be excluded that migrants are taking different, more dangerous routes in order to reach Northern African countries (either via Niger or through Algeria).
• From the beginning of 2017 onwards, the Italian government backed by the EU has increasingly cooperated with Libyan authorities to block depatures in exchange for financial and logistical support. The UN-backed government in Libya in turn, has allegedly forged deals with a number of militias.
• Increased European support for the Libyan Coast Guard (LCG),  resulting in an increase in interceptions and the declaration of a Libyan SAR zone.
• Increasing legal and political attacks on NGOs engaged in SAR have culminated in Italy's decision to declare its ports to be “closed” to NGO vessels and (temporarily) to EU rescue ships in June 2018.

Each of these developments can be seen as part of a broader strategy to close the European borders by externalizing border control to third countries, a practice that was tried earlier with Turkey, and to relax commitments enshrined in international law, such as search and rescue at sea and non refoulement.

In view of these recent developments, we document estimated trends in arrivals, deaths, mortality rates and rescue activities covering the most recent period, between January 2016 and July 2018. In doing so, we strongly rely on detailed statistical analyses conducted by the Italian research institute ISPI. Our analyses are based on publicly available data from the IOM and the UNHCR for arrivals and interceptions, and IOM’s Missing Migrants Project for deaths. It is important to note that recorded deaths are a lower bound estimate of the actual death toll, because some deaths are likely to remain unreported. We provide an extensive discussion of data sources, data quality and challenges for their interpretation in our academic article on the issue. Since most of the above developments relate to the situation in Libya, we focus on migrants departing from that country. Libya is also the only Northern African country where interceptions at sea by the Coast Guard are independently monitored by both IOM and UNHCR personnel at disembarkation points.

Although each of these individual developments have been reported elsewhere, together they paint a picture of Europe's resolve to close its external borders and deter irregular migration, regardless of the (human) cost.

Trend #1: A sharp drop in departures

Figure 1 plots trends in the number of migrants departing irregularly from Libya by sea since January 2016. Until mid-2017, migrant departures show a remarkably regular seasonal pattern, with around 20,000 departures during the summer months. As of July 2017, however, the number of arrivals dropped dramatically, and it has stayed at comparatively low levels up to the present. The decrease in arrivals occurred after alleged 'deals' between Libyan authorities and the militias in Western Libya that control the smuggling networks, and a few months after the signing of a memorandum of understanding between Italy and Libya. Convergent diplomatic action induced some militias to switch from smuggling to preventing departures. Other factors, such as the activity of the LCG, private and public SAR providers, or dynamics in the rate of dead and missing along the route, are relevant per se but appear to play no significant role in the decrease in arrivals to Europe. Europe's efforts to block migrants passing though transit countries may have played a role as well, but evidence is still too sparse to be reliably assessed.

Figure 1: Departures from Libya, by month (January 2016-July 2018)

Departures are estimated by combining arrivals to the EU, LCG interceptions as well as reported dead and missing

Trend #2: An increased risk of interception by the Libyan Coast Guard

The Libyan Coast Guard plays a pivotal role in Europe's strategy of externalizing migration control to third countries. A report by Human Rights Watch suggests that in recent months "the Italian Maritime Rescue Coordination Center (IMRCC) has routinized a practice, tested since at least May 2017, of transferring responsibility to Libyan coast guard forces in international waters even when there are other, better-equipped vessels, including its own patrol boats or Italian navy vessels, closer to the scene." This practice has been termed 'refoulement by proxy' because the LCG is financed, equipped and instructed by the Italian and European authorities, as described in this recent investigative report. Migrants who are forcibly returned to Libya are imprisoned in detention centres for indefinite periods, and they face systematic violence—including torture and rape—as has been documented in numerous reports.

The new Italian government intensified and formalized the policy of transferring responsibility to the LCG. Since June, it has instructed ships undertaking rescues in the Libyan SAR zone to refer all emergency calls to the Libyan authorities, who will then arrange their interception and pull-back to Libya. The declarations that Italian ports are “closed” to NGO ships are also part of this strategy, as their operations are considered to interfere with LCG interceptions. In late July, this practice resulted in the first instance of a non-Libyan vessel, the Asso Ventotto, being instructed to coordinate with the Tripoli Joint Rescue Co-ordination Centre (JRCC). The ship ultimately disembarked the rescued persons on Libyan territory and thus effectively engaged in refoulement and collective expulsion of migrants.

The practice of outsourcing European border control to the Libyan Coast Guard has brought about a sharp increase in its activity: by the end of July 2018, the LCG had intercepted 12,490 migrants at sea compared to 8,851 during the same period in the previous year, which amounts to a 41% increase. In combination with the drop in departures, this policy has resulted in a rapid increase in the risk of interception. To illustrate this fact, in July 2017 just 6% of migrants leaving Libya by sea ended up being caught and brought back, while almost 94% made it to Europe. In July 2018, instead, 71% of migrants leaving Libya’s shores were intercepted and brought back, while just 24% arrived safely in a European country (see Figure 2).

Figure 2: Outcomes of the sea journey for migrants departing from Libya

Source: authors’ elaborations on IOM and UNHCR data

Trend #3: An increase in the absolute and relative mortality rate between mid-June and July 2018

In this section, we look at trends in absolute mortality (the number of dead and missing people at sea) and relative mortality (the risk of crossing) of migrants departing from Libya. In particular, we analyse the widely reported spike in deaths that occurred in late June 2018, after virtually all SAR NGOs had been prevented from operating as a result of policies introduced by the new Italian Minister of Interior Salvini from the far-right Lega and the continued denial by the Maltese authorities to offer Valetta as a port of entry. On June 10, Italy unilaterally decided to declare its ports to be “closed” to NGO rescue ships, as well as (temporarily) to commercial and EU vessels carrying rescued migrants. Also Malta tightened its position on rescue activities and cracked down on two SAR NGOs in early July. Since then, rescue operations close to the Libyan coast have been almost entirely delegated to the LCG.

First, we look at trends in the absolute mortality rate. Figure 3 shows a reduction in the monthly number of deaths since July 2017, commensurate with the reduction in the number of departures described above. For example, 20 deaths were recorded in April 2018, and 11 in May (Figure 3). In June, however, an estimated 451 migrants died on their way from Libya to Europe—of which 370 between 16 and 30 June. It is important to note that these deaths occurred during a time when departures were comparatively low. As a result, the risk of crossing has increased from 2.8% in the previous months to a staggering 7% since mid-June 2018 (Figure 4). These findings are also robust to using different time frames for the pre-NGO absence period, including the entire period since the drop of arrivals in July 2017 until the NGO ban. Whereas relative mortality has fluctuated in recent years, 7% constitute an extraordinary spike.

Figure 3: Absolute mortality rate (number of dead and missing) of migrants departing from Libya

Source: Missing Migrants Project

Figure 4: Relative mortality rate (number of dead and missing / departures) of migrants departing from Libya, before and after mid-June 2018

Note: The pre-NGO absence period refers to the period from January 2016 to 15 June 2018, when several NGOs were present close to the Libyan Coast. The NGO absence period refers to the period from 16 June 2018 to 31 July 2018, when almost all NGOs had been forced to suspend their operations. Departures from Libya are calculated as arrivals+ interceptions+deaths.

Figure 5 maps shipwreck events occurring between 16 June and 31 July 2018 with at least estimated 15 dead or missing persons, using geocoded data provided by IOM’s Missing Migrants Project. While the precise location of each shipwreck is only an estimate, as “precise locations are not often known” (as explained in the “Methodology” section of the Missing Migrants Project), such estimates do provide an indication of where such shipwrecks have taken place. In particular, IOM data shows that shipwrecks between 16 June and 31 July took place well within 50 nautical miles from Libya’s shores, an area which used to be patrolled by either the LCG or NGO vessels. Yet, during the time when deaths spiked, only two NGO vessels had been operating, and only discontinuously.

Figure 5: location of main drowning events recorded by the IOM, 19. June – 31. July 2018 (markers report number of dead and missing)

Source: authors’ elaboration from IOM’s Missing Migrants Project

These observations are reminiscent of what happened in 2015, when the withdrawal of competent SAR providers (the Italian mission Mare Nostrum) similarly created the conditions for avoidable loss of life. Although these findings are based on a relatively short time period, they are suggestive of the risk of leaving the Libyan SAR zone to the operations of the LCG alone. Continuous monitoring of the situation remains of utmost importance.

Conclusion

In combination, the three trends described above highlight the harsh realities of recent European migration policies, which seek to limit irregular migration regardless of the moral, legal and humanitarian consequences. The current European obsession with reducing migration at all costs is even less comprehensible when considering that arrivals decreased drastically prior to the most recent escalation of rhetoric and externalization of migration control. Arrivals to Italy in the first half of 2018 were down by 79% compared to the same time frame in 2017. Although increasingly inhumane policies are often cloaked in a rhetoric about reducing deaths at sea, it is important to remember that those who are prevented from crossing or forcibly returned are generally not safe but remain subject to precarious and often lethal conditions in countries of transit. Rather than providing a sustainable response to the complex challenges involved in irregular migration, Europe has outsourced the management of its migration 'problem' to countries like Libya and Niger, where violence and death often remains hidden from the public view.

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How to cite this blog post (Harvard style) 

Villa, M., Gruijters, R. and Steinhilper, E. (2018) Outsourcing European Border Control: Recent Trends in Departures, Deaths and Search and Rescue Activities in the Central Mediterranean. Available at: https://www.law.ox.ac.uk/research-subject-groups/centre-criminology/centreborder-criminologies/blog/2018/09/outsourcing (Accessed [date]).