Issue link: https://maltatoday.uberflip.com/i/570058
maltatoday, SUNDAY, 13 SEPTEMBER 2015 15 migration network? "The view that this challenge needs to be addressed upstream is one that the British government will entirely agree with. These journeys, and the criminality involved in sup- porting these journeys, goes all the way back along the chain: which is why we are extremely strong sup- porters of the focus placed on the external dimension of the migra- tion challenge at the Valletta sum- mit [2-12 November]. "The mandate of that summit is very much to look into these issues: what more can be done to improve the situation in the countries of origin? What more can be done in the countries of transit? What can be done to tackle and break the business model of the immigration criminal networks? As you say, the networks do not start on the Libyan beaches, but all the way down the chain. Sometimes they have a Eu- ropean dimension as well: both in terms of supporting onward travel, but also in many cases in control- ling the activity taking place in Af- rica. I certainly agree that working upstream is a necessary, though not sufficient, part of addressing this. Once again, the UK is very promi- nent in that picture." In the shorter term, however, there are operational setbacks to the success of the European Com- mission's plan. "There is talk now of moving onto the next phase, which would enable more assertive action to disrupt the traffickers' activity: a strategy based very much on organised crime com- bating techniques. But the reality is, and it's blindingly obvious, that one needs a measure of Libyan consent to be able to undertake activity in Libyan waters. As things stand, this Libyan consent does not exist. That is all the more reason why the political negotiations taking place with Libya are so important, be- cause we hope that will help unlock the question of greater Libyan col- laboration. "Nonetheless, there seems to be appetite in Europe to undertake whatever activity can be undertak- en in international waters: to dis- rupt the boats, to intercept them, and to glean as much information from that process as can possibly be gleaned, in order to tackle the or- ganised immigration criminals who are at the heart of this tragic traffic in human misery. I think the por- tents for that particular dimension are good." On the subject of the Valletta summit: what are Rob Luke's own personal expectations from this intergovernmental meeting, and how optimistic is he that the out- come will be positive? "We would like to see Valletta mark a step-change in the EU's en- gagement on the upstream migra- tion agenda. Our level of optimism? Moderately high, because I think there is a huge imperative, a huge groundswell of political and public opinion, that suggests this chal- lenge needs to be addressed. "Also, there seems to be a measure of consensus: the 'upstream agenda' is in fact the part about which eve- rybody agrees. One has to do more work and support development in countries of origin, in order to gradually reduce the number of de- partures. Everyone also agrees that organised immigration crime is a blight that needs to be addressed; that those who profit from human misery need to be tackled with the utmost severity. All that seems to me to be rather positive…" Naturally, there are also areas of disagreement: which the British High Commissioner describes as 'inevitable', given the complexity of Europe's political realities. "The migratory reality varies from member state to member state. I would say for example that, insofar as this relates to the UK and Malta, our views and approaches to the is- sue of migration are actually very similar, despite differences in a few areas. The main difference between our two countries is that we lie at different points of the migratory chain. Malta is primarily a country of transit; the UK is most often a country of ultimate desired desti- nation. "That dynamic is true across the European Union. And that is why, let's be honest about it, you are not going to get a commonality of view, at all points, about all elements of Europe's response to migration. The UK's position is that we need a comprehensive approach. Yes, we need to ensure an effective humani- tarian response; yes, we need to do more to tackle organised crime in- volved in migration, both outside and within the EU; yes, we need to work upstream, and also need to ensure that the rules we currently have are applied effectively." He concedes that this is no easy task. "I don't think it's a surprise that individual member states choose their own preferred parts of that toolbox; that is up to a cer- tain extent what the EU is all about. What I find slightly – what's the word? – challenging is this call for a 'European solution'. It is correct to assert that Europe needs to find so- lutions to this migration crisis: but vague, generalised calls for Europe to find solutions do not help, if they don't prescribe or identify specifi- cally what those solutions are… and for it to be proved that those solu- tions are sustainable and effective in the longer term. "This is why we are keen to work at all stages of the migratory chain. The reality is that dealing with peo- ple once they have arrived is not a 'solution' to the crisis: you are ad- dressing the consequences, not the causes. Our view is that the EU needs to be more effective in addressing the causes… which is where we hope the Valletta summit can make a real impact." One area where consensus cer- tainly does not exist is the issue of returning failed asylum seekers to their country of origin: a process that Luke describes as fundamental to the migration system as a whole. "All of these migratory stories are individual stories of hardship and in many cases of tragedy. The reality is nonetheless that European coun- tries are not in a position to offer homes to all those who would like to come to our countries seeking a better standard of living. If an indi- vidual has made the journey to Eu- rope; has had his or her asylum ap- plication assessed according to law; and if the request for asylum was de- termined to be not well-founded… then I am afraid the consequences are that they should be returned to their country of origin." Europe, he adds, has not been very effective at doing that. "It is important now that we break the link between arrival in the EU, and the question of permanent resi- dence in the EU. The reality is that some of these individuals will be found not to have the legal right to reside in the EU. More needs to be done by individual member states, and by the EU collectively, to return these people to their country of ori- gin. Ultimately, that is also part of the comprehensive approach to mi- gration: there should be an effective mechanism to return failed asylum seekers. I hope that will be part of the dialogue with our international partners at the Valletta summit…" All along, however, part of what makes this international dialogue so difficult is that the terminol- ogy used is not necessarily uniform throughout. Often, for instance, people tend to use the word 'refu- gee' indiscriminately – forgetting that, by definition, to be a refugee means to have one's application for refugee status approved. Likewise, the term 'asylum seekers' is correct only when applied to people who come to Europe specifically to seek asylum… which does not necessar- ily apply to all migrants equally. "When talking about the impact of migrants in one form or another, specific use of terminology becomes important," the High Commission- er argues. "No country is arguing for uncontrolled immigration, and no country is arguing to have zero immigration either. "It then becomes a matter of seek- ing policy prescriptions for each EU member state which: a) meet our humanitarian obligations; b) also meet the needs of our labour mar- kets, but; c), also ensures that we continue to support development in the countries of origin… which cannot be achieved by depriving those countries of the human capi- tal which is so important to their future development." This is why his country has been so adamant to separate the issues of refugee resettlement, and reloca- tion of asylum seekers as proposed by the European Commission (and rejected by the UK). Luke outlines the basic difference between these two scenarios. "As earlier explained, the UK has agreed to 'resettle' an additional 20,000 Syrian refugees over the next four years. That means tak- ing these people from where they are currently based outside the EU – specifically, the refugee camps of Lebanon, Jordan and Turkey – and resettling them in the UK. That's rather different from 'relocation': where one is dealing with people who have already arrived in the EU… but the argument is that they should be moved elsewhere within the EU to 'rebalance' the arrivals. "The UK does not support reloca- tion, on the basis that relocation is tackling the consequences rather than the cause. Also, there is a very strong argument that relocation, in and of itself, does act as a pull- factor for further migration… and in some cases, for further illegal migration. The UK is therefore not playing any part in EU relocation mechanisms…" And yet, mandatory relocation – or as we call it here, 'responsibility sharing' – has been Malta's official position for years… The High Commissioner ac- knowledges that Malta is entitled to its own position like any other country. But he stands by his coun- try's insistence on the importance of terminology regardless. "'Solidarity' and 'sharing the bur- den' are very much a component of the discussion, but it is important to be precise in what we mean by those terms. Solidarity and burden sharing should not be restricted to relocation alone. The UK believes strongly that we do show solidarity, and we do share the burden… in terms of our resettlement activities, in terms of search and rescue… but equally, if not more importantly, the work the UK undertakes in hu- manitarian and development aid in the countries of origin." Interview The UK is often criticised for showing lack of solidarity on the migration front. British High Commissioner ROB LUKE however argues that 'solidarity' means more than just 'burden sharing' many forms The UK does not support relocation, on the basis that relocation is tackling the consequences rather than the cause. Also, there is a very strong argument that relocation, in and of itself, does act as a pull-factor for further migration The reality is, and it's blindingly obvious, that one needs a measure of Libyan consent to be able to undertake activity in Libyan waters. As things stand, this Libyan consent does not exist LIBYA RELOCATION