Migrants at Sea: Unintended Consequences of Search and Rescue Operations∗
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Issue 7 Why Evolving European SAR Policies !Reaten Merchant Shipping
ISSN 2464-9724 2019-20 Issue 7 Why Evolving European SAR Policies !reaten Merchant Shipping Why Evolving European SAR Policies !reaten Merchant Shipping Richard L. Kilpatrick, Jr.1* Abstract Operators of commercial vessels have rescued tens of thousands of migrant seafarers in the Mediter- ranean Sea since 2014. For commercial actors, swi" disembarkation of survivors is critical to ensure safety and prevent further disruption to the rescuing vessel’s primary voyage. From 2014 through 2017, European coastal states such as Italy, Malta, and Greece permitted rescued migrants to disem- bark into their territory. But recent policy changes re#ect evolving attitudes about search and rescue (SAR) responsibility. Beginning in 2018, commercial vessels and humanitarian non-governmental organisations (NGOs) have performed large-scale rescues only to be denied immediate access to Mediterranean ports. !is has created alarming scenarios in which rescued migrants and ship op- erators have remained at sea for days and weeks as solutions were negotiated by politicians on an ad hoc basis. Addressing the consequences of this policy transformation, this paper examines its impact on commercial vessel contributions to migrant rescues. Highlighting the intertwined legal respon- sibilities of private vessels and public authorities, it discusses the international SAR framework and its contemporary implementation. It then surveys reactions within the shipping industry re#ecting concerns that evolving regional perspectives may drive up the risks, costs, and frequency -
The Precarious Position of NGO Safe and Rescue Operations in the Central Mediterranean
05 2 0 1 7 (NOUVELLE SÉRIE- VERSION ÉLECTRONIQUE) UNCERTAINTY, ALERT AND DISTRESS: THE PRECARIOUS POSITION OF NGO SEARCH AND RESCUE OPERATIONS IN THE CENTRAL MEDITERRANEAN ADAM SMITH1 I. INTRODUCTION – II. INTERNATIONAL SAR FRAMEWORK, CURRENT CRISIS AND RESPONSES – III- OPPOSITION TO NGO DEPLOYERS – IV. LEGAL EVALUATION OF ANTI-NGO POLICIES, CURRENT AND EXPECTED – V- CONCLUSIONS AND OBSERVATIONS ABSTRACT: The international framework for maritime search and rescue relies on state actors establishing regions of responsibility supported by private shipmasters acting in compliance with traditional duties to rescue persons in distress at sea. Despite revisions to the framework’s founda- tional treaty, questions persist about the extent of state responsibilities and the interaction between those responsibilities and international human rights law. Over the past three years, non-govern- mental organizations (NGOs) have provided significant support to the efforts of sovereign actors responding to the migration crisis in the Central Mediterranean. Regional governments and civil society initially praised NGO operations, but in recent months these groups have come to criticize and challenge such operations. Italian authorities have threatened criminal prosecution of NGO de- ployers and proposed closing national ports to them. Libyan authorities have harassed NGO vessels and sought to exclude them from international waters. These actions are consistent with non-entrée strategies employed by Mediterranean states in recent years, but are in certain cases of questionable legality. Although controlling irregular migration is properly the responsibility of state actors, re- cent policies are inconsistent with principles of rule of law and good governance. KEYWORDS: irregular migration; maritime law; Search and Rescue regime; NGOs; Italy; Libya; human rights. -
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FACT SHEET Italy August 2019 The conversion into law of the bans on entry into territorial waters In August, 1,268 refugees and decree on security bis was against NGO rescue vessels. This migrants arrived in Italy by finally approved, tightening resulted in various stand-offs sea, the highest number of measures against vessels over the disembarkation of monthly sea arrivals this year conducting rescue at sea and individuals rescued at sea in the so far. leading to the issuance of multiple Central Mediterranean. KEY INDICATORS Sea Arrivals 79%* Jan-Aug, 2018-2019 Percentage of 2019 sea arrivals informed by UNHCR staff upon disembarkation 20,077 5,148* Referrals of sea arrivals with specific needs to -74% appropriate services since January 2015 657* 5,135 Monitoring visits to reception and detention facilities since April 2013 Between April 2013 and December 2016, monitoring visits were conducted jointly with Ministry of Interior, Jan - Aug 2018 Jan - Aug 2019 Prefectures, IOM, Save the Children, and Red Cross. Between April 2017 and April 2019, monitoring visits were conducted jointly with Ministry of Interior staff and independent auditors. Total 2018: 23,370 * Source: UNHCR Source: Ministry of Interior data POPULATION OF CONCERN POPULATION OF CONCERN Asylum applications Reception system First time applications Jan-Aug 2018-2019 Population of concern in reception centres 40,640 -45% 155,619 -35% 22,382 101,540 Jan -Aug 2018 Jan -Aug 2019 Total 2018: 53,440 As of 31 Aug 2018 As of 31 Aug 2019 Source: Eurostat and Ministry of Interior Source: Ministry of Interior www.unhcr.org 1 FACT SHEET > Italy / August 2019 Operational Context ■ After the Chamber of Deputies’ approval in late July, a confidence vote in Senate on 5 August confirmed the law conversion of the so-called security law decree bis, tightening rules on rescue at sea operations. -
Fundamental Rights Report 2020 Is Published in English
FUNDAMENTAL RIGHTS REPORT ― 2020 REPORT — A great deal of information on the European Union Agency for Fundamental Rights is available on the Internet. It can be accessed through the FRA website at fra.europa.eu The Fundamental Rights Report 2020 is published in English. — FRA’s annual Fundamental Rights Report is based on the results of its own primary quantitative and qualitative research and on secondary desk research at national level conducted by FRA’s multidisciplinary research network, FRANET. Relevant data on international obligations in the area of human rights are available via FRA's European Union Fundamental Rights Information System (EFRIS) at: https://fra.europa.eu/en/databases/efris/. © European Union Agency for Fundamental Rights, 2020 Reproduction is authorised provided the source is acknowledged. For any use or reproduction of photos or other material that is not under the European Union Agency for Fundamental Rights copyright, permission must be sought directly from the copyright holders. Neither the European Union Agency for Fundamental Rights nor any person acting on behalf of the Agency is responsible for the use that might be made of the following information. Luxembourg: Publications Office of the European Union, 2020 Print ISBN 978-92-9474-895-9 ISSN 2467-2351 doi:10.2811/18138 TK-AL-20-001-EN-C PDF ISBN 978-92-9474-894-2 ISSN 2467-236X doi:10.2811/570216 TK-AL-20-001-EN-N Photos: see page 228 for copyright information PRINTED ON PROCESS CHLORINE-FREE RECYCLED PAPER (PCF) Contents 1 TEN YEARS ON: UNLOCKING THE CHARTER’S FULL POTENTIAL ..................................................................4 1.1. -
ATLAS of MIGRATION Facts and Figures About People on the Move
ATLAS OF MIGRATION Facts and figures about people on the move ESCAPE, WORK, FUTURE IMPRINT The ATLAS OF MIGRATION is published by the Rosa-Luxemburg-Stiftung, Berlin, Germany Chief executive editors: Johanna Bussemer, Dorit Riethmüller Editors: Christian Jakob (coordination), Stefanie Kron, Wenke Christoph Managing editor: Dietmar Bartz Art Director: Ellen Stockmar English Editor: Paul Mundy Proofreader: Maria Lanman Fact checking: Infotext Berlin Contributors: Friedrich Burschel, Wenke Christoph, Johanna Elle, Sabine Hess, Christian Jakob, Bernd Kasparek, Stefanie Kron, Laura Lambert, Ramona Lenz, Carlos Lopes, Sowmya Maheswaran, Johanna Neuhauser, Mario Neumann, Jochen Oltmer, Maria Oshana, Massimo Perinelli, Maximilian Pichl, Matthias Schmidt-Sembdner, Helen Schwenken, Maurice Stierl, Christian Stock, and a team of authors. Cover image: Ellen Stockmar The views expressed in this publication are those of the authors and do not necessarily reflect the views of the publishing organization. Editorial responsibility (V. i. S. d. P.): Alrun Kaune-Nüßlein, Rosa Luxemburg Foundation Second English edition, October 2019 Produced by Bonifatius GmbH Druck – Buch – Verlag, Paderborn Climate-neutral printing on 100 percent recycled paper. This material (except the cover picture) is licensed under Creative Commons “Attribution-ShareAlike 4.0 Unported“ (CC BY-SA 4.0). For the licence agreement, see http://creativecommons.org/licenses/by-sa/4.0/legalcode, and a summary (not a substitute) at http://creativecommons.org/licenses/by-sa/4.0/deed.en. Individual graphics from this atlas may be reproduced if the attribution ”Bartz/Stockmar, CC BY 4.0“ is placed next to the graphic (in case of modification: ”Bartz/Stockmar (M), CC BY 4.0“). ATLAS DER MIGRATION Daten und Fakten über Menschen in Bewegung FOR FREE DELIVERIES AND DOWNLOADS: Rosa-Luxemburg-Stiftung, Franz-Mehring-Platz 1, 10243 Berlin, Germany www.rosalux.de/atlasofmigration FLUCHT, ARBEIT, The ATLAS OF MIGRATION is also published as ATLAS DER MIGRATION in German. -
BORDER SECURITY.Pdf
COMMITTEE ON THE CIVIL DIMENSION OF SECURITY (CDS) BORDER SECURITY Special Report by Lord JOPLING (United Kingdom) Special Rapporteur 134 CDS 19 E rev. 1 fin | Original: English | 12 October 2019 134 CDS 19 E rev.1 fin TABLE OF CONTENTS I. INTRODUCTION .................................................................................................................... 1 II. LAND BORDERS: THREE HOTSPOTS ................................................................................. 1 A. US-MEXICO BORDER .................................................................................................. 1 B. THE WESTERN BALKANS ROUTE .............................................................................. 7 C. CEUTA AND MELILLA: SPANISH ENCLAVES IN NORTH AFRICA ............................. 9 III. MARITIME ROUTES: AN UPDATE ON THE SITUATION IN THE MEDITERRANEAN........ 10 IV. AIRPORT SECURITY 18 YEARS AFTER 9/11: NEW CHALLENGES ................................. 15 V. CONCLUSIONS AND RECOMMENDATIONS ..................................................................... 18 BIBLIOGRAPHY .................................................................................................................. 21 134 CDS 19 E rev.1 fin I. INTRODUCTION 1. In the past several years, the ability to protect the external borders of Europe has been tested by the extraordinary movement of people fleeing violence and poverty in parts of Africa, the Middle East, and Asia. The security of borders has become a top priority for many Allies, from the United States -
Over 450 Refugees Stranded in the Mediterranean For
ﺍﻓﻐﺎﻧﺴﺘﺎﻥ ﺁﺯﺍﺩ – ﺁﺯﺍﺩ ﺍﻓﻐﺎﻧﺴﺘﺎﻥ AA-AA ﭼﻮ ﮐﺸﻮﺭ ﻧﺒﺎﺷـﺪ ﺗﻦ ﻣﻦ ﻣﺒـــــــﺎﺩ ﺑﺪﻳﻦ ﺑﻮﻡ ﻭ ﺑﺮ ﺯﻧﺪﻩ ﻳﮏ ﺗﻦ ﻣــــﺒﺎﺩ ﻫﻤﻪ ﺳﺮ ﺑﻪ ﺳﺮ ﺗﻦ ﺑﻪ ﮐﺸﺘﻦ ﺩﻫﻴﻢ ﺍﺯ ﺁﻥ ﺑﻪ ﮐﻪ ﮐﺸﻮﺭ ﺑﻪ ﺩﺷﻤﻦ ﺩﻫﻴﻢ www.afgazad.com [email protected] ﺯﺑﺎﻧﻬﺎی ﺍﺭﻭﭘﺎﺋﯽ European Languages By Will Morrow 21.08.2019 Over 450 refugees stranded in the Mediterranean for weeks as EU bars entry For between one and three weeks, more than 450 refugees aboard two humanitarian rescue ships in the Mediterranean Sea have remained stranded and in increasingly desperate conditions, as European Union (EU) governments continue to bar them entry to the continent. A total of 356 people are aboard the Ocean Viking, jointly operated by Doctors Without Borders and the SOS Mediterranean. The ship has been sailing back and forth between Italy and Malta in international waters, 32 miles off the European coast, since August 12, awaiting a port at which to land. France, Spain, Malta and Italy have all refused. The passengers, mainly hailing from Sudan, include 259 men, four women, and 103 minors (of whom 92 are unaccompanied), who had set sail for Italy from Libya before they were rescued. A second boat, the Proactiva Open Arms, run by the Catalan-based humanitarian organization of the same name, has been stranded in search of a safe port for 19 days. Since Thursday it has been anchored less than 300 meters off the coast of the Italian island of Lampedusa. The Italian government and its Interior Minister Mateo Salvini have refused to allow the ship to land, with Salvini placing his foul attacks of the ship at the center of his efforts to whip up a fascistic movement through anti-immigrant chauvinism and racism. -
Search and Rescue, Disembarkation and Relocation Arrangements in the Mediterranean Sailing Away from Responsibility? Sergio Carrera and Roberto Cortinovis No
Search and rescue, disembarkation and relocation arrangements in the Mediterranean Sailing Away from Responsibility? Sergio Carrera and Roberto Cortinovis No. 2019-10, June 2019 Abstract Search and Rescue (SAR) and disembarkation of persons in distress at sea in the Mediterranean continue to fuel divisions among EU member states. The ‘closed ports’ policy declared by the Italian Ministry of Interior in June 2018, and the ensuing refusal to let NGO ships conducting SAR operations enter Italian ports, has resulted in unresolved diplomatic rows between some European governments and EU institutions, and grave violations of the human rights of people attempting to cross the Mediterranean. This paper examines how current political controversies surrounding SAR and disembarkation in the Mediterranean unfold in a policy context characterised by a ‘contained mobility’ paradigm that has materialised in the increasing penalisation of humanitarian SAR NGOs, a strategic and gradual operational disengagement from SAR activities by the EU and its member states, and the delegation of containment tasks to the Libyan coast guard (so-called ‘pullbacks’), a development that has been indirectly supported by EU institutions. These policies have contributed to substantially widen the gap in SAR capabilities in the Central Mediterranean. This research has been conducted under the ReSOMA project. ReSOMA receives funding from the European Union’s Horizon 2020 research and innovation programme under the grant agreement 770730. The opinions expressed in this paper are attributable solely to the authors in a personal capacity and not to any institution with which they are associated, nor can they be taken in any way to reflect the views of the European Commission'. -
The Castaways from Hell
THE CASTAWAYS FROM HELL Testimonies collected on the Aquarius AUTHOR PHOTOS MARIE RAJABLAT LAURIN SCHMID Hausa proverb “Idan ka ga wani yana gudu kuma yana so ya fada cikin wuta, yana nufin cewa abin da yake bin shi yafi wuta” “If you see someone fleeing who would rather fall into the fire, this means that whatever it is that is chasing him is worse than the fire.” FOREWORD One of the three essential missions of SOS MEDITERRANEE is to bear witness... Marie Rajablat's work, far from naive optimism or voyeurism, shows how crucial this mission of bearing witness to the situation in the Mediterranean is. Having read this book, it is impossible not to understand that any reservations around the rescue of those who are drowning in the Mediterranean, “mare nostrum”, are ridiculous or even irresponsible. In fact, their rescue is not an option, but a necessity, in the philosophical sense that simply leaving them to drown at sea is “something which cannot be”. When it comes to migration policies, everything is open to debate, questioning or argument; everything except the immediate rescue and disembarkation at a safe port of these human beings, these torn families who are fleeing hell. In this context, things are simple: we have no choice other than to act, unless of course we yield to the thoughtless temptation to lose our soul, to avoid facing facts, and thus to feed the poison that insidiously undermines Europe and our societies, in the same way that the desperate lack of will and strategic vision of our politicians does. -
Immigrazione: Accoglienza O Contenimento ? Un Nuovo Approccio
I DOSSIER DI PARTECIPAGIRE.NET IMMIGRAZIONE: ACCOGLIENZA O CONTENIMENTO ? UN NUOVO APPROCCIO Di Massimo D’ANGELO 1 Sommario Parte I ...................................................................................................................................................... 4 UN PIANO MARSHALL PER L’IMMIGRAZIONE: UNA NOVITÀ, UNA SOLUZIONE, UN’ILLUSIONE O COS’ALTRO?.......................................................................................................................................... 4 Un Piano Marshall per l’immigrazione è una novità? ..................................................................... 4 Chi propone un Piano Marshall per l’immigrazione? ...................................................................... 4 Obiettivo finale: riduzione dei flussi migratori ............................................................................... 6 Quando si potrebbe introdurre un Piano Marshall per l’immigrazione? ........................................ 6 Ogni tanto c’è qualcuno che chiede un Piano Marshall per l’aiuto ai paesi più poveri.................. 7 Alcune domande di fondo ................................................................................................................ 9 I problemi di efficacia e di impatto dell’aiuto e un Piano Marshall per l’immigrazione .............. 11 NOTE .............................................................................................................................................. 12 Parte II .................................................................................................................................................. -
Template Journals Hipatia Press
Instructions for authors, subscriptions and further details: http://rimcis.hipatiapress.com How Solidarity Influences Political Actors to Manage the Refugee Crisis: The Case of Proactiva Open Arms Gemma Álvarez-Jiménez1, Maria Padrós-Cuxart1 1) Universidad de Barcelona, España Date of publication: July 30th, 2017 Edition period: July 2017 - November 2017 To cite this article: Álvarez-Jiménez, G., & Padrós-Cuxart, M. (2017). How Solidarity Influences Political Actors to Manage the Refugee Crisis: The Case of Proactiva Open Arms. International and Multidisciplinary Journal of Social Sciences, 6(2), 215-229. doi: 10.17583/rimcis.2017.2794 To link this article: http://doi.org/10.17583/rimcis.2017.2794 PLEASE SCROLL DOWN FOR ARTICLE The terms and conditions of use are related to the Open Journal System and to Creative Commons Attribution License (CC-BY). RIMCIS – International and Multidisciplinary Journal of Social Sciences Vol. 6 No.2 July 2017 pp. 215-229 How Solidarity Influences Political Actors to Manage the Refugee Crisis: The Case of Proactiva Open Arms Gemma Álvarez-Jiménez Maria Padrós-Cuxart Universidad de Barcelona Universidad de Barcelona Abstract Europe is facing the worst humanitarian crisis since World War II and the Mare Nostrum has become the path that millions of people are using to flee from the armed conflict, especially since the Syrian war began in March 2011. In this sense, according to the United Nations High Commissioner for Refugees (UNHCR), 1,014,973 people arrived to Greece, Italy and Spain by sea in 2015. Nevertheless, the Mediterranean area has become the scene of not only a humanitarian crisis but also citizens’ solidarity. -
Operation Themis Impaginato Eng.Pdf
Since almost five years now, the agency to handle it, its mandate has migratory phenomenon that from the been widen and strengthen North African and Middle Eastern transforming Frontex in the European coasts crosses the Mediterranean Sea Border and Coast Guard Agency. Going and arrives in the European territory into details, Frontex is today able, in keeps on representing a challenge for emergency situations, to quickly deploy 2 those States and the agencies of the border and coast guard officers from a European Union (EU) that struggle rapid reaction pool of at least 1.500 containing it. With time many EU-led men and women. Moreover, among the operations, in which Italy has always other functions it performs, the agency had a determining role, have been shares the intelligence collected on launched for handling the crisis. The people suspected of being involved in most recent one started on the first of criminal activities with national February 2018, it is called Themis and is authorities and other European managed by the EU agency Frontex. institutions. It is precisely in this new First of all, it is relevant to remind that framework that operation Themis in Frontex was founded in 2005 as the the central Mediterranean Sea was European Agency for the Management born, replacing the previous Frontex of Operation Cooperation at the operation named Triton. Therefore, External Borders. Its task, in fact, was with the end of identifying the change to help States of the Union of path the agency has made by implementing the communitarian rules launching Themis, it is necessary to about checks at the borders of the recall tasks, operational area, successes Schengen area, ensuring that the and failures of Triton.