ANNEX ACTION FICHE FOR MIGRATION AND ASYLUM SPECIAL MEASURES 2008 1. IDENTIFICATION Title/Number Total cost 5.000.000 Aid method / Method of implementation DAC-code 13010 70% Special Measures 2008 Thematic Programme Migration and Asylum Project approach - Joint Management or Direct Centralised Management 93010 30% Sector Unspecified population activities/migration Refugees in donor countries 2. RATIONALE 2.1. Sector context During recent months, many Sub-Saharan African countries and regions have experienced a steep increase in complex conflicts, often of an internal nature but with a strong external dimension. Coupled with the impact of global food crisis, the Sudan and its neighbours, the Horn of Africa and in particular the Great Lakes region most recently in Democratic Republic of Congo in Northern Kivu - as well as Southern Africa, also due to the worsening internal situation in Zimbabwe, have seen dramatic humanitarian crises that have led to important additional refugee pressures and mostly irregular migration flows across Africa. Sudden outbursts of hostilities or rekindling of simmering conflicts have occurred at an unforeseen pace, aggravating the already extremely difficult situation across the continent, in particular as concerns refugees and other vulnerable groups. Article 23 of the Development Cooperation Instrument (DCI) provides for the possibility to effectively and timely respond to this type of events that are unforeseen and related to natural disasters, civil strife or crises and which cannot be funded under other Community instruments. The adoption of Special Measures under article 23 is thus justified to finance interventions in third countries where refugees' or migrants' human rights, their lives or safety are at risk and where the country affected by the migratory pressure faces risks to border security and public order. Among the extremely preoccupying situations that cannot immediately be tackled through other means of Community assistance are the outburst in May 2008 of xenophobic violence against migrants and its ever worsening consequences in the South African host communities and that of the irregular and stranded migrants at the southern borders of Libya where pressures are mounting in a very important manner due to Libya's problems in managing and controlling the suddenly further increased illegal migration flows reaching its territory. EN 4 EN
2.2. Complementary actions Through its current cooperation portfolio in South Africa, the Commission is already contributing to addressing some of the root causes of the xenophobic violence, in particular in South Africa, through actions implemented in cooperation with international organizations IOM and UNODC. There has also been active co-operation with civil society on protection of human rights and provision of services, contributing to ensuring the provision of services for vulnerable groups notably in townships areas. Several projects in the field of migration and asylum have been funded in Libya through the AENEAS Programme and some new are foreseen under the Thematic Programme of Migration and Asylum. Under the Annual Action Programme 2008 adopted in October 2008 a 2 million project to assist Libyan authorities in better organising and enhancing the efficiency of its overall system of preventing irregular migration has been put in place and will be implemented by the Italian Ministry of the Interior. 2.3. Donor coordination The Special Measures Actions will be carried out in close coordination with EU Member State and with other active donors, where they exist, in the envisaged field of interventions. 3. DESCRIPTION 3.1. Objectives The overall objective of the Special Measure is to efficiently address two suddenly aggravated situations of refugee and migratory pressures in South Africa and at Libya's southern border with a view to better protecting the groups under threat. The specific objectives of the component Support to the South African Government to strengthen communities of diversity are: - to support the South African authorities in their efforts to tackle the consequences of the violence that broke out in May 2008 in host communities of migrants, - to support the development of a long-term response and policies by the authorities, to address challenges related to migratory flows and to diversity of communities, in line with the international refugee and human rights standards. The specific objectives of the component Management of irregular migration pressures in Libya are: - to support the Libyan authorities in improving their overall capacity to manage the increased numbers of irregular and stranded migrants intercepted by their law enforcement agencies, - to improve the capacity of the Libyan authorities to protect and ensure better treatment of stranded and irregular migrants in accordance with the international human rights standards. 3.2. Expected results and main activities The main activities and expected results of the component Support to the South African Government to strengthen communities of diversity, relate to: EN 5 EN
1) Advocacy, monitoring and providing capacity-building to monitor the integration/reintegration of affected populations and providing the simple critical basic services to returnees and returnee-hosting communities in order to contribute to early recovery in communities affected by the violence, 2) Advocacy and community dialogue on peace, diversity and xenophobia to contribute to the culture of values in favour of diversity and to reviewing South African migration policy in order to improve understanding of the regional migration context. 3) Long-term capacity-building, at national and local levels, for the peaceful management of communities affected by the violence and for contributing to its prevention in the future, with a special focus on youth. The main activities of the component Management of irregular migration pressures in Libya are: 1) Providing the Libyan authorities with technical assistance aimed at enhancing their capacity to interview and register intercepted irregular migrants, to identify and assist persons in need of refugee protection or belonging to vulnerable groups or persons seeking support to voluntarily return to their home country. 2) Providing technical assistance and training to staff of Libyan enforcement agencies and reception centres on international protection and the 1951 Geneva Convention on the status of refugees, the specific rights, needs and care for vulnerable groups, medical techniques for persons rescued in the desert, the role of international organisations, interviewing techniques, the organisation of a screening system and other human rights and assistance issues. 3) Providing equipment aimed at facilitating the capacity of Libyan authorities to collect and store information on the irregular and stranded migrants. 4) Improving reception conditions of stranded and intercepted irregular migrants through the delivery of equipment for the Libyan authorities to better satisfy their basic needs for medical care, water, sanitation etc. 5) Assisting the Libyan authorities in putting in place a system of voluntary return for stranded or irregular migrants intercepted in the southern regions of Libya. 6) Assisting the Libyan authorities in putting in place a system to provide assistance and to facilitate finding of durable solutions, including resettlement, for stranded or irregular migrants that are recognized as persons in need of asylum, international protection or assistance. The expected results of this component are: 1) Enhanced respect for human rights of irregular migrants apprehended by law enforcement agencies, in particular of vulnerable groups and asylum seekers. 2) An improved system for collection of information and identification of persons belonging to vulnerable groups or in need of international protection. EN 6 EN
3) Improved treatment of the irregular migrants intercepted by Libyan law enforcement agencies through better reception conditions. 4) A more efficient system of assisted voluntary return for irregular migrants and a decrease in numbers of persons being detained in Libyan detention centres. 5) The establishment of a system for the resettlement from Libya that takes into account the rights of refugees, paving the way towards the creation of an asylum system in Libya. 3.3. Risks and assumptions For both components the main risks are the potential lack of commitment by the authorities to immediately engage in implementing the activities of these Special Measures. In the case of South Africa, this risk only relates to the national level as local authorities in host communities are very committed to resolving the problems. This risk will be mitigated by including the actions as items in the on-going dialogue with the authorities from the beginning of the implementation of these actions. In the case of Libya the risk is linked to the possible reluctance of Libyan authorities to immediately accept the full-scale development of the asylum related component of the action. This risk will be addressed through an on-going dialogue with the Libyan authorities, while supporting in parallel the adoption of a national law on asylum which the authorities are currently considering. 3.4. Crosscutting Issues These Special Measures have as their general objective to enhance human rights of refugees and migrants and will specifically target vulnerable groups. 3.5. Stakeholders The final beneficiaries of these Special Measures are the local and migrant communities in South Africa that have experienced xenophobic violence in April-May 2008 and the irregular migrants and refugees at Libya's southern border. The other stakeholders in South Africa are the local and national authorities, local communities and civil society groups. In Libya, the migrants as well as the authorities at every level, enforcements agencies and international organisations working with protection and migration in Libya will be involved. 4. IMPLEMENTATION ISSUES 4.1. Method of implementation For the component Support to the South African Government to strengthen communities of diversity the implementation will be done by Joint management through the signature of a standard contribution agreement as laid down and published by the Commission for the implementation of external operations, under the Financial and Administrative Framework Agreement (FAFA) with UNDP. For the component Management of irregular migration pressures in Libya the implementation will be done by Direct centralised management through a grant agreement signed with the Italian Ministry of the Interior, on the basis of Article 168-1.(f) of the EN 7 EN
Implementing Rules of the Financial Regulation. The choice of a grant agreement with a Member State public body is justified by the specific nature of this project, which takes place in a complex country, and involves multifaceted and sensitive issues such as management of irregular migration. Among the EU Member State public bodies, the choice of the Italian Ministry of the Interior is justified for a number of reasons, such as the existing specific links between Italy and Libya, the capacity of the Ministry of the Interior to carry out similar assistance projects and the unique experience acquired through their bilateral cooperation with Libyan authorities in the area of migration. The Italian Ministry of the Interior will implement the project in partnership with IOM and UNHCR. 4.2. Procurement and grant award procedures All contracts implementing the action must be awarded and implemented in accordance with the procedures and standard documents laid down and published by the Commission for the implementation of external operations, in force at the time of the launch of the procedure in question or in accordance with the procedures of the International Organisation in the case of Joint Management. 4.3. Budget and calendar The Special Measures will be financed by the European Commission for 5.000.000. The indicative breakdown between the two components is as follows: Support to the South African Government to strengthen communities of diversity 1.500.000 Management of irregular migration pressures in Libya 3.500.000 The initial operational duration of the two Actions is 36 months. 4.4. Performance monitoring Performance monitoring will be ensured through strict reporting requirements and regular debriefings on indicators that will be further defined in the projects' Terms of References. 4.5. Evaluation and audit Evaluations and audits will be carried out in accordance with EC rules and procedures or in accordance with the clauses annexed to the Financial and Administrative Framework Agreement (FAFA) between the European Commission and the United Nations, as applicable to each of the components of this Special Measure. 4.6. Communication and visibility Communication and visibility of these Special Measures will be carried out by the Implementing Partner in line with the European Commission Visibility Guidelines. EN 8 EN