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FRONT COVER Nº 05/02 Identifying Migrant Bodies in the Mediterranean Identifying Migrant 5 Bodies in the Nº 02 > POLICY REPORT< Migration, Social Inclusion Mediterranean and Peaceful Societies > Ottavia Ampuero Villagran

1 Nº 05/02 Nº 05/02 Identifying Migrant Bodies in the Mediterranean Identifying Migrant Bodies in the Mediterranean Identifying Migrant Contents Bodies in the Mediterranean Summary | p. 3

Ottavia Ampuero Villagran Introduction | p. 4 A United Nations University Institute Difficulty of Identification p.| 5 on Globalization, Culture and Mobility report from the series Migration, Social Current Practices | p. 6 Inclusion and Peaceful Societies. The Italian Case Study | p. 9 Rights After | p. 10 Rights to Mourn | p. 15 State Commitments to Human Rights | p. 16 Conclusions | p. 17 Policy Recommendations | p. 18 References | p. 22

Acknowledgements

Ottavia Ampuero Villagran wishes to ISSN 2617-6807 thank Dr. Parvati Nair and the entire UNU-GCM team for their support and United Nations University feedback during the research and publication process. She would also Institute on Globalization, Culture and Mobility like to express sincere gratitude to the Sant Pau Art Nouveau Site community of like-minded researchers Sant Manuel Pavilion in various organisations collecting C/ Sant Antoni Maria Claret, 167 data on migrant , from which 08025 Barcelona, Spain this publication has substantially benefitted. Finally, she would like to thank her family, particularly her Visit UNU-GCM online: gcm.unu.edu father, Jorge Ampuero Villagran, for epitomising refugees' quiet struggles, Copyright © 2018 United Nations University hard work, and uncompromising Institute on Globalization, Culture and Mobility hopes for a better future. All Rights Reserved

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Summary

he reality of undocumented migrant Tdeaths and migrant bodies has been conspicuously absent from border migration narratives and from the rhetoric of many influential actors involved in policy, academia, and the media. Given that the Mediterranean route is the deadliest one in the world (IOM, 2018a), this policy brief seeks to examine undocumented migrant body identification from a human rights perspective that acknowledges the implications on the individuals, the families, and the states involved. The aim is to address “The 'Missing Migrants Project' the shortcomings of current management and identification efforts in European countries, estimates there have been 17,124 and to provide practical solutions that can be implemented at the local, national, and migrant deaths and disappearances international levels. across the three main routes of entry ✤ Some of the migrants who died trying to reach Greece are into the Mediterranean since 2014” brought to a in the village of Sidiro. There, they are laid to rest, mostly in unmarked graves. © Gregory Beals. Sidiro, Greece. May 2018.

2 3 Nº 05/02 Nº 05/02 Identifying Migrant Bodies in the Mediterranean Identifying Migrant Bodies in the Mediterranean individuals taking clandestine routes to * circumvent intensified and militarized Introduction border controls in low-quality rubber dinghies, even during adverse weather he International Organization conditions in winter months (Spijkerboer, Tfor Migration’s 'Missing Migrants 2013, p. 10). In these conditions many project' is widely regarded as the first are dying at sea, likely to never be found comprehensive attempt at collating or accounted for in official data. data on “migrants who have died or gone missing at the external borders of states, or in the process of migration towards an international destination” * (IOM, 2018b). The data includes, when available, information of the migrants’ Difficulty of age, gender, origin, location, and . It is primarily sourced from indentification IOM, UNHCR and government reporting as well as NGO and media accounts, and hose that are found will just as likely it is systematically compiled in a global Tnever be identified. This is partly database from which experts can analyze because of the inherent difficulties of migration flows and changing trends. identification in this context. Firstly, In regards to the main three routes of there is no readily available information the Mediterranean region, the 'Missing on the migrant’s nationality, route, or Migrants Project' estimates that there family relations. Many migrants do not have been 17,124 migrant deaths and carry identity documents or passports, disappearances since 2014. This figure and even if they do these may get lost represents 59,7% of the global estimate or destroyed during irregular travel. on migrant deaths and disappearances Secondly, the involvement of criminal in the same four-year period, which at actors such as smugglers or traffickers the time of writing stands at a staggering means that some migrant deaths may 28,675. be actively covered up as a result of abuse or torture, and certainly never ther projects¹ have attempted to reported (IOM, 2014). Finally, the cause Oquantify migrant deaths in this of death for most of these migrants is region with varying definitions, scopes, drowning (as opposed to dehydration, and methodologies, but all the figures starvation, hypothermia, sickness or lack produced can only be considered to of access to medical care), which means be “minimum estimates” and “gross undercounts of the true number of lives

lost” (IOM, 2017, p. 2). Spijkerboer ✤ Refugees and migrants reach the Greek Island of credits this “dark numbers problem” Lesbos after crossing the Aegean Sea from Turkey. to the nature of irregular migration The journey is treacherous, with people crossing in overcrowded and poor quality dinghies, sometimes in the Mediterranean, which features tackling rough seas and adverse weather. untraceable and undocumented © Ververidis Vasilis. Lesbos, Greece. October 2015

4 5 Nº 05/02 Nº 05/02 Identifying Migrant Bodies in the Mediterranean Identifying Migrant Bodies in the Mediterranean that most of the bodies will be found merchant ships responding to distress signals, and ships as they resurface from the sea floor belonging to non-governmental organizations conducting during . Even though search and rescue missions in the area (Arsenijevic, 2017). decomposition in salt water progresses Due to limited resources and personnel, rescuing the living at a relatively slow rate compared to is often prioritized over the retrieval of the dead and their fresh water or land, at this particular belongings. Upon arrival - most frequently in the island of stage the body will have begun to lose Sicily due to proximity - police officers or forensic experts physical attributes and appendages from photograph the bodies of migrants with a code that includes the friction and/or from contact with their gender and the date of their retrieval. reporting various sea animals, making it harder to to the District Attorney’s office will then examine the bodies identify (Ellingham, 2017). and collect information on the corpses’ primary characteristics (i.e. height, weight, distinguishing marks, tissue samples). will only be carried out upon the direct request of the District Attorney, and the requests are usually related to * concerns about the actual cause of death. Finally, the bodies are transported from the hospital to be buried in anonymous Current Practices local graves, which are often covered with earth and marked by stones. dentification is also hindered by Ithe practices currently in place in n Greece, the migrant body management process is similar. European countries such as Italy and IThe national coastguard is responsible for collecting the Greece. The lack of national legal bodies floating in the Aegean Sea, but also for conducting provisions for dealing specifically the investigation for identification and for coding the bodies with migrant deaths has resulted in with the date of retrieval and number of the victim. Coroners ad hoc practices marked by funding prepare the relevant documentation for of unidentified issues, overlapping mandates, and an bodies and examine the bodies. The examinations involve the unsystematic collection and storage of collection of tissue samples from which DNA data is extracted. information that would be useful for Unlike in Italy where the DNA is dispersed in various institutions future identification efforts (Kovras & involved in the investigation, Greek law stipulates that DNA Robins, 2016). The management of dead from all victims be sent to the Division migrant bodies is often categorized (FSD) headquarters in Athens. Unfortunately, even this rare into five stages that include retrieval, example of centralized management of identification data is transportation, , storage and “implemented poorly enough to make the possibility of future burial/repatriation. Identification is a process that transverses them all,

since information should be gathered, ✤ 1. A table filled with items found on the bodies of those exchanged and evaluated at each stage who have perished attempting to cross from Turkey into (Mediterranean Missing, 2016). Greece. © Gregory Beals. Alexandroupolis, Greece. May 2018.

ff the coast of Italy, the retrieval Oof migrant bodies is performed ✤ 2. Refugees are given help after being brought by multiple actors including the Italian ashore by a volunteer lifeguard. Another refugee boat approaches having travelled some 1,100km from Turkey, Coastguard, the Italian Navy, ships from which is visible in the background. Frontex’s new Joint Operation Themis, © Malcolm Chapman. Lesbos, Greece. September 2015

6 7 Nº 05/02 Nº 05/02 Identifying migrant bodies in the Mediterranean Identifying Migrant Bodies in the Mediterranean identifications remote” (Kovras & Robins, 2016, p. 47), since and photographic evidence. Crucially, there is no established link between the forensic data and the data was then uploaded to the the location of the migrants’ graves and no outreach to the national online database of unidentified migrants’ families to inform them of the possibility of sending missing persons, which is also accessible in their own tissue samples for DNA analysis and comparison. to families so as to facilitate AM and PM data reconciliation (Piscitelli, 2016). onsidering that identification is essentially being able to Cmatch (or “reconcile”) post-mortem (PM) data from the he collection of ante-mortem unknown body with corresponding ante-mortem (AM) data Tdata from the victim’s relatives from registries or families of the missing, the practices currently was a more complex operation that in place for the management and identification of migrant required utilizing the skills and access bodies in the Mediterranean are largely inadequate (GMDAC, of diplomatic and civil society to 2016). Analyzing the case study of the Italian authorities’ their full potential. Thus, both AM identification efforts following three large-scale shipwrecks in and PM data collection were multi- Lampedusa will highlight both the flaws of current national stakeholder processes involving efforts and the feasibility of migrant identification as a process government ministries and agencies, in and of itself. consulates and embassies, police units, universities, forensics laboratories (most crucially the Labanof Institute of and Dentistry), * and humanitarian organizations such as the Italian and International Red The Italian Case Study Cross, the International Organization for Migration, the Italian Episcopal stablished in 2007, the Italian National Commission for Conference, Amnesty International, and EMissing Persons has been coordinating and monitoring Borderline-Europe. In the cases where government initiatives in the search for people that have both sets of data were obtained, the disappeared for more than a decade. Given the unprecedented identification rate reached an impressive scale of the shipwreck of 3 October 2011 and the media 58,5% (Olivieri, 2018). For the shipwreck pressure surrounding it, the Commission was called upon to of 18 April 2015, the team sought to try to identify the 387 migrants that had lost their lives at sea. identify the approximately 750 bodies Its team of forensics and anthropologists rigorously followed that had been submerged for a year established best practices for the treatment of the dead, within the vessel. These efforts proved systematically collecting post-mortem data from the victims’ that identification is still possible with bodies using a standardized form (“SCHEDA Cadavere Non DNA technology even in the advanced Identificato - modello p.m.”) that includes sections on physical decay or skeletonization stages of description, distinguishing marks, teeth, belongings, forensic decomposition, especially when different scientific approaches are combined in the process.

✤ A family of refugees arrive on the beaches of Lesbos in inflatable dinghy boats. They he case study of the Italian are cold, frightened and exhausted, but relieved to have arrived safely. At the height of TCommission proves that the issue the crisis, up to 2,000 people arrived to the Greek island each day, and the bodies of migrants who had died during the sea crossing frequently washed ashore. with migrant identification is willingness © Anjo Kan. Lesbos, Greece. October 2015. rather than ability. More importantly, it

8 9 Nº 05/02 Nº 05/02 Identifying Migrant Bodies in the Mediterranean Identifying Migrant Bodies in the Mediterranean proves that European states similar to he Last Rights Project Italy have the specialized bureaucracy Textrapolated from and collated and the technological capacities the aforementioned legal frameworks required to improve their attempts at in its “Proposal for a Statement of the identifying migrant bodies, especially International legal obligations of States” considering that the EU’s budget for in order to establish the following twelve the management of external borders, core international legal obligations migration and asylum will be increasing on the treatment of dead migrants: to from 13 billion to 34.9 billion euros in search for all missing persons; to collect the coming years. As Prefect Vittorio the bodies of the dead; to respect the Piscitelli, head of the Italian Commission, bodies of the dead; to preserve any claims, “with a little bit of money, a lot personal effects of the dead, and to of goodwill and some hard work, it can restore them to the next of kin; to take definitely be done” (Scammell, 2015). all reasonable steps to identify the The next logical step is to provide deceased and to determine the cause this service to as many dead migrants of death; to issue a ; to as possible, not just those on large- make every effort to locate and notify scale shipwrecks that receive political the dead and missing; to facilitate the and media attention. The feasibility return of the remains of the dead to their of identification only strengthens the relatives if possible; where the remains human rights argument of properly are not returned to the next-of-kin, they attempting to identify the migrant should be disposed of in a dignified and bodies for the sake of the individuals, respectful manner, appropriate to the the families, and the states involved. religious and cultural traditions of the persons and bearing in mind the wishes of the next of kin; to record the location of burial and to respect and maintain * gravesites; to treat citizens and non- citizens equally in all these actions; to Rights after Death provide special protection to children.

t the individual level, it is crucial ccording to the Project, the right A to consider the existing principles Ato be identified after death is and frameworks that confer rights supported by the international human upon the dead, in particular the right rights case law of the European Court to be identified after death. These of Human Rights, which has repeatedly principles and frameworks derive affirmed the states’ procedural from international humanitarian law, international human rights

law, international criminal law, and ✤ A mountain of lifejackets and lifesaving devices left by international maritime law, but none of refugees and migrants in Eftalou, Lesbos. Lifejackets, them refer specifically to the treatment usually sold to refugees by smugglers, were repeatedly found to be fake. Some were filled with cotton wool of the dead in the context of irregular rather than buoyancy aids. migration² (Grant, 2016). © Anjo Kan. Lesbos, Greece. February 2016.

10 11 Nº 05/02 Nº 05/02 Identifying Migrant Bodies in the Mediterranean Identifying Migrant Bodies in the Mediterranean obligation to offi cially investigate deaths or disappearances resources and attention that have been pursuant to Article 2 of the “Convention for the Protection focused on fi nding out what happened of Human Rights and Fundamental Freedoms” (ECHR) - the to the victims of the Malaysia airlines “Right to Life”. The obligation is not geographically bound fl ight MH370 disaster, some 13 jumbo and, in the irregular migration context, it is also pursuant to jets worth of migrants have died in the Article 3 “Prohibition of torture”, Article 4 “Prohibition of last 18 months, but there has been little slavery and forced labour”, and Article 14 “Prohibition of media attention and insuffi cient efforts discrimination” of the same Convention. made to determine their identities” (University of York, 2016). he right to be identifi ed after death can also draw on Tinternational humanitarian law (IHL). Although IHL is only he contrast is striking, and it applicable to situations of armed confl ict, it could be argued Temphasizes the different value that the legal obligation for identifi cation extends to those that societies place on human lives. whose deaths are peripherally connected to the confl icts in An undocumented migrant is implicitly question, such as the thousands of refugees that are fl eeing considered, as Judith Butler put it, from civil wars through the Mediterranean route. Beginning “an ungrievable life, one that cannot with the 1929 Geneva Convention, a number of comprehensive be mourned because […] it has never protocols have been developed for the treatment of the dead counted as a life at all” (Butler, 2015). and the missing, including the 1949 Geneva Conventions Therefore, more systematic and and the 1977 Additional Protocols, the 1988 Rome Statute, concerted efforts for undocumented and the ICRC Guiding Principles on the Missing. In particular, migrant identifi cation would serve ICRC Customary IHL Rule 116 establishes that “with a view to as posthumous reparation in three the identifi cation of the dead, each party to the confl ict must essential ways: they would remedy the record all available information prior to disposal and mark the state of invisibility that many have been location of the graves”. The common, underlying imperative of subjected to during their journey by these frameworks is that identity and identifi cation is a human restoring the name, story, and humanity right that extends past death. Identity has also been explicitly that they had previously been stripped framed as a “right” in multiple instances, most recently during of; they would compensate for rights Interpol’s 1996 UN General Assembly statement on Disaster that were not safeguarded during their Victim Identifi cation (DVI) and in ICRC’s 2004 meeting of life, such as the right to life, liberty and Interpol’s Standing Committee on DVI - “human beings have security, or the right to equal protection the right not to lose their identities after death” (Interpol, before the law; and fi nally, the naming 2018). that goes into identifi cation efforts would also push back against undocumented owever, states’ recognition of this human right seems migrant death normalization and the Hto be dependent on the circumstances surrounding the general securitization narrative that migrant deaths; the deaths of “regular” migrants (tourists, surrounds them. students, businessmen) in accidents and disasters are met with large-scale international responses that include advanced

technological equipment and specialized teams, while the ✤ Thousands of people, predominantly Syrians, lived deaths of “irregular” migrants are met with bureaucratic in Akcakale and Harran refugee camps in Turkey. The ambiguity and administrative inaction. Dr Simon Robins of the journey ahead of them into Europe was dangerous and expensive. Behind them, they left death and destruction Centre for Applied Human Rights summarized this hypocrisy as the war in their home country raged on relentlessly. in the following statement: “If we compare the amount of © cemT. Sanliurfa, Turkey. September 2015.

12 13 Nº 05/02 Nº 05/02 Identifying Migrant Bodies in the Mediterranean Identifying Migrant Bodies in the Mediterranean he aforementioned international * Tlegal frameworks acknowledge these burdens, starting from the Right to Mourn assumption that “the family is the natural and fundamental group unit of dentification efforts would also restore society and is entitled to protection by Ithe dead migrant’s link to his or her society and the State” (UN GA, 1948). family and community after death, In international human rights law, such stretching far beyond the fence, raft, as the ECHR, inadequate identification or desert where he or she was found, efforts have been interpreted as to the homes of distant relatives. Even violations of the substantive obligations though the person has died, they still pursuant to ECHR Article 8 and Article exert emotional power over the living. 3, which safeguard the right to private The families have to live every day and family life and the right to not be without knowing the fate of their missing subjected to inhuman or degrading loved ones, and this ambiguity often treatment. In international humanitarian leads to psychological problems such as law the family’s burdens are even anxiety, stress, and depression, as well prioritized over those weighing on the as psychosocial problems that may be missing or the dead, as exemplified related to the loss of the breadwinner by Article 32 of Additional Protocol I such as increased poverty and social to the Geneva Conventions (“General exclusion. It also prevents the families Principles for the Missing and dead from organizing and resolving persons”) which states that: “The legal and administrative issues related implementation of this Section shall be to arrangements, remarriages, prompted mainly by the right of families inheritances, guardianships, and land to know the fate of their relatives”. ownerships (UN GA, 2017). iven the legal, administrative, he hardship that they endure in Gand social implications of migrant Ttheir home countries as a result of deaths for the relatives, it seems crucial ambiguous loss may force some of these to incorporate them into the narrative families to migrate themselves (Lageman, and the process of undocumented 2016), but long distances, dangerous migrant identification. This would journeys, language barriers, and their facilitate access to practical “ante- illegal status in the EU complicate this mortem” information and acknowledge plight. Even if they are able to locate the the strong emotional component body of their loved one through local authorities that have properly collected and stored data for identification, the ✤ , Pavlidis Pavlos, holds a necklace high costs of the repatriation of remains found on the body of a man who had drowned in the means that they cannot afford to return Evros River attempting to pass between Greece and the body to their state of origin and may Turkey. The inscription on the pendant reads: “Heart for you”. He keeps the items stored in a box in order to help have to rely on criminal networks that relatives identify the bodies. profit on their suffering. © Gregory Beals. Alexandroupolis, Greece. May 2018.

14 15 * Conclusions Nº 05/02 Nº 05/02 Identifying Migrant Bodies in the Mediterranean Identifying Migrant Bodies in the Mediterranean inherent in the passing of a loved one. way in which it consistently undermines values” (Piet, 2015). Developing and It would also improve the visibility of the rights to human dignity, freedom, implementing specialized policies for * the families since - unlike the families of and equality of dead migrants. With the identification of undocumented Conclusions “los desaparecidos” (“the missing”) in states choosing to frame undocumented migrants would provide some much Argentina and Spain - their dispersion migrant deaths as accidents rather needed coherence to states’ approach ntil now, the issue of across entire continents does not than direct consequences of their to migration, as well as facilitate social Uundocumented migrant death allow them to exert political pressure intensified border control policies, it inclusion by proving to the living identification has been lost in the wide to demand accountability, justice, and is no wonder that critics have gone so migrants they are hosting that their and complex narrative of migration. But commemoration. However, the role of far as to call the Mediterranean, for lives are worth the same as those of it is important that we begin to consider the state is not just limited to promoting example, a “graveyard of European their own citizens. the human rights implications of ignoring these activities, as will be made evident this topic, as well as the inherent value in the following section. of implementing policies that facilitate identification. There are human rights in life and in death for all human beings, and the consistent denial of these * migrants’ identity – of their name, their family, and of the life they fought so hard State for – through inadequate identification Commitment systems should be considered a human rights violation. For the sake of the to Human Rights individuals and their families, and for the credibility of the European project, more tates involved in the management can and must be done to address this. Sof undocumented migrants are likely to benefit from promoting o this end, this report will offer two identification efforts. As mentioned Tsets of recommendations. The first throughout this report, European states set of recommendations addresses the are legally bound, by a complex system political and institutional steps that could of international treaties, conventions be taken by states to facilitate migrant and protocols, to respect the human body identification efforts and ensure rights and dignity of migrants that the social wellbeing of the families and have lost their lives while crossing the societies involved, while the second Mediterranean. They are legally bound to set of recommendations addresses take all reasonable measures to adhere the practical and technical aspects of to the twelve core international legal identification efforts. obligations outlined by the Last Rights project.

he fact that they are not fulfilling their obligation of means has T ✤ Aerial shot of migrants and refugees arriving to a created a dissonance between the values beach near Molyvos on an overloaded dinghy. In these that states proclaim and the actions they conditions, the Western Mediterranean crossing from Turkey to Greece is incredibly dangerous and can lead take to uphold them. This dissonance has to injuries, dehydration, and death.© Nicolas Economou. human rights implications because of the Lesbos, Greece. November 2015.

16 17 Nº 05/02 Nº 05/02 Identifying Migrant Bodies in the Mediterranean Identifying Migrant Bodies in the Mediterranean between the forensic data, the and identification data collection (Grant, migration and proceed to legalize * migrants’ code, and their gravesite. 2015). Data centralization requires secondary and/or combination methods the standardization of procedures for of identification in these scenarios Policy Recommendations tates should establish a centralized, body management and identification, (Olivieri, 2017). Sregional database that includes all so states should implement the the relevant ante-mortem and post- nvestigators involved in identification Political and Institutional international protocols that have been mortem data. The database should established for the treatment of the Iefforts should aim to utilize the global Recommendations be overseen by the aforementioned dead (ICRC Guiding Principles on the influence and reach of social media to tates should establish a permanent, regional, multi- Commission so as to ensure legitimate Missing and Interpol’s Disaster Victim its fullest potential. Although it is an Sstakeholder Commission for the coordination of interest for the human rights of affected Identification) and enforce them by unconventional approach, it has been both search and rescue activities of missing migrants and parties. It should be made accessible training and supporting local authorities. proven to work. The Mediterranean management and identification activities of dead migrants. to the families of the victims, while also Missing project recounts a situation in The Commission should begin by assessing national systems safeguarding their privacy and security ivil society should be more Sicily where a prosecutor was able to and identifying areas improvement. Some of these may through the establishment of firewalls Cextensively incorporated into the identify 22 out of 24 bodies by setting up be easy to solve, such as the current disconnect in Greece between border control data collection migrant body identification process. a Facebook page and collaborating with Non-governmental organizations are the local Syrian migrant community, which currently involved in different capacities is more connected than ever before. (financing multi-religious burial ceremonies, providing psychological esearch in the field of marine support and cultural mediation for R taphonomy should be promoted victims’ families) but their access to at the national and regional levels, migrant communities could also be used since the interacting factors affecting to facilitate the retrieval of ante-mortem decomposition of human remains in data from victims’ families. water are still largely misunderstood. Promoting research in the field of forensic odontology would also be useful, since Practical and Technical it is a field that can construct a biological Recommendations profile (i.e. estimated age, ancestry, n some countries, secondary country of provenance and residence, Iidentification methods such as visual etc) even in the absence of ante-mortem identifiers (i.e. scars, tattoos, personal dental data (Pinchi, 2017). descriptors) are not recognized as legally valid identifiers because they are tates should invest in technologies unreliable when compared to primary Sthat can facilitate the management identifiers (i.e. DNA data, odontology, and identification of migrant bodies in fingerprints). Policy-makers should forensic humanitarian action, such as FTA consider the difficulties of obtaining ante- paper that allows for long-term storage mortem data in the context of irregular of DNA samples, remotely operated vehicles (ROVs) for the collection of bodies under water, and digital autopsy

✤ A soft animal toy animal washed ashore on a beach in technologies in case of commingled Turkey. Although less migrants are attempting to cross remains, disarticulated appendages, and/ across the Mediterranean, the journey is getting more or disfiguration (Jackowski & Thali, 2009, deadly. Currently, there is one death in every 18 arrivals. © Orlok. Canakkale, Turkey. March 2017. p. 184).

18 19 Nº 05/02 Nº 05/02 “There are human rights for all human beings in life and death" Identifying Migrant Bodies in the Mediterranean Identifying Migrant Bodies in the Mediterranean

✤ After fleeing war in Syria, distressed refugee children cross a cold, rough sea in an overloaded dinghy. © Nicolas Economou. Lesbos, Greece. October 2015.

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References

Arsenijevic, J. (2017). Defending Humanity at iom.int/sites/default/files/medmissing/stefanie_ Kovras, I., & Robins, S. (2016). Death as the Pinchi, V. et al. (2017). Day to day issues in the Sea. Medecins Sans Frontiers. Luxembourg: MSF grant_-_international_legal_framework_relevant_ border: Managing missing migrants and forensic identification practice related to illegal A - LuxOr. Available at: http://searchandrescue.msf. to_the_identification_of_deceased_migrants.pdf K unidentified bodies at the EU's Mediterranean immigration in Italy. J Forensic Odontostomatol , org/assets/uploads/files/170831-%20Report_ frontier. Political Geography , 55, 40-49. 2 (35), 157-165. Analysis_SAR_Final.pdf ICRC. (2018, May). IHL Database Customary IHL - Available at: https://www.sciencedirect.com/ Rule 116. Retrieved June 2018, from International science/article/pii/S0962629816300233 Piscitelli, V. (2016). Missing persons: Missing Butler, J. (2015, November 16). Precariousness I Committee of the Red Cross: https://ihl- information. IOM Global Migration Data Analysis and Grievability - when is life grievable? Retrieved databases.icrc.org/customary-ihl/eng/docs/ Lageman, T. (2016, December 29). The Centre. Available at: https://gmdac.iom.int/sites/ B May 2018, from Verso Books: https://www. v1_rul_rule116#Fn_C9F91E0F_00001 cemetery of unknown refugees from the default/files/medmissing/vittorio_piscitelli_-_ versobooks.com/blogs/2339-judith-butler- L Mediterranean. Retrieved April 2018, from Al missing_persons_missing_information.pdf precariousness-and-grievability-when-is-life- ICRC. (1977, June 8). Protocol Additional to Jazeera: https://www.aljazeera.com/indepth/ grievable the Geneva Conventions of 12 August 1949, features/2016/11/tunisia-cemetery-unknown- Scammell, R. (2015, December 23). Identifying and relating to the Protection of Victims of refugees-161112103347956.html the refugee victims of the Mediterranean. Council of Europe. (1950). European Convention International Armed Conflicts (Protocol 1). S Retrieved May 2018, from Al Jazeera: on Human Rights. Retrieved 2018 June, from Retrieved June 2018, from International Last Rights. (2017). The Dead, the Missing and https://www.aljazeera.com/indepth/ C European Court of Human Rights: https://www. Committee of the Red Cross: https://ihl- the Bereaved at Europe's International Borders features/2015/12/identifying-refugee-victims- echr.coe.int/Documents/Convention_ENG.pdf databases.icrc.org/ihl/INTRO/470 - Proposal for a Statement of the International mediterranean-151221102203683.html legal obligations of States. Last Rights Project. Ellingham, S. T. (2017). The fate of human Interpol. (2018, June). Interpol Forensics - Available at: https://drive.google.com/file/d/0B Spijkerboer, T. (2013). Moving Migrants, States remains in a maritime context and the feasibility Disaster Victim Identification (DVI). Retrieved from yFv9rzlqJaBLWJuOHVZeGd2NWNOVUNHVUgt and Rights - Human Rights and Migrant Deaths. E for forensic humanitarian action to assist in their Interpol: https://www.interpol.int/INTERPOL- OEJZTEdlZ2tR/view Law and Ethics of Human Rights , 7 (2). recovery and identification. Forensic Science expertise/Forensics/DVI International , 279, 229-234. Mediterranean Missing. (2016). Missing UN General Assembly. (2017). Report of the IOM. (2014). Fatal Journeys - Tracking Lives Migrants in the Mediterranean: Addressing the Working Group on Enforced or Involuntary European Commission . (2018, June 12). Future Lost during Migration. Geneva: International M Humanitarian Crisis . Summary Report. Available U Disappearances on enforced disappearances in EU Funding for Borders and Migration. Retrieved Organization for Migration. Available at: at: http://www.mediterraneanmissing.eu/ the context of migration. Working Group Report. Junw 2018, from European Commission Press http://publications.iom.int/system/files/pdf/ wp-content/uploads/2015/10/Mediterranean- Release Database: http://europa.eu/rapid/press- fataljourneys_countingtheuncounted.pdf Missing-Summary-report-290816.pdf UN General Assembly. (1948). Universal release_MEMO-18-4127_en.htm Declaration of Human Rights. IOM. (2017). Fatal Journeys (Volume 3, Part 1) Olivieri, L. e. (2018). Challenges in the GMDAC. (2016). Migrant Fatalities, Identification Improving Data on Missing Migrants. Geneva: identification of dead migrants in the University of York. (2016, August 30). More and Data. Berlin: IOM Global Migration Data International Organization for Migration. O Mediterranean: The case study of the resources needed to identify bodies of missing G Analysis Centre. Available at: https://gmdac.iom. Available at: https://publications.iom.int/system/ Lampedusa shipwreck of October 3rd 2013. migrants, researchers find. Retrieved May 2018, int/sites/default/files/medmissing/workshop_ files/pdf/fatal_journeys_volume_3_part_1.pdf Forensic Science International , 285, 121-128. from University of York: https://www.york.ac.uk/ report_migrant_fatalities_identification_and_ Available at: https://www.ncbi.nlm.nih.gov/ news-and-events/news/2016/research/migrant- data_2016.pdf IOM. (2018b, June). Methodology. Retrieved from pubmed/29482110 deaths-mediterranean-sea/ https://missingmigrants.iom.int/methodology. Grant, S. (2015, June 9). Migrant Deaths at Sea: (2017). The importance of “secondary Olivieri, L. Endnotes Addressing the Information Deficit. Retrieved May (2018a, June). Missing Migrants Project methods” in the identification of the victims of IOM. ¹ For example, the UN High Commissioner for Refugee’s 2018, from Global Diversity Exchange: http:// - Mediteranean route. Retrieved June 2018, the 3rd of October 2013 shipwreck. La Revue de “The Mediterranean Refugees/Migrants Data Portal”, the www.globaldiversityexchange.ca/migrant-deaths- from https://missingmigrants.iom.int/region/ Medicine Legale , 8 (4), 190-191. “Deaths at the Borders of Southern Europe Database”, at-sea-addressing-the-information-deficit/ mediterranean and the “Migration Data Portal”. Piet, R. (2015, April 23). The Mediterranean: Grant, S. (2016). Migrant Fatalities, Identification Jackowski, C., & Thali, M. J. (2009). D1 Graveyard of European values. Retrieved June ² The “Mytilini Declaration” that was agreed and signed by a various human rights organizations on 11 May and Data - International Legal Framework Radiologic Identification. In M. e. Thali, The 2018, from Al Jazeera: https://www.aljazeera. P 2018 has sought to remedy this legal vacuum by calling Relevant to the Identification of Deceased J Virtopsy Approach - 3D Optical and Radiological com/indepth/opinion/2015/04/mediterranean- upon states to act for the “Dignified Treatment of all Migrants. Berlin: IOM Global Migration Data Scanning and Reconstruction in Forensic graveyard-european-values-150422050428476. Missing and Deceased Persons and their Families as a Analysis Centre. Available at: https://gmdac. Medicine. CRC Press. html Consequence of Migrant Journeys”.

22 23 Nº 05/02 Nº 05 Identifying Migrant Bodies in the Mediterranean The European Migrant Crisis: Psychology, Conflict, and Intergroup Relations

This report aims to contribute towards the Focusing on the phenomena of migration and attainment of the Sustainable Development media as hallmarks of the era of globalization, Goals (SGDs), with particular focus towards: the UNU-GCM conducts research to inform sound policy-making and good governance. It • SDG 10 - Reducing Inequalities: Reduce aims to pioneer transformative ideas, serving inequality within and among countries. to ensure human rights and dignity are upheld • SDG 16 - Peace, Justice and Strong for all and facilitating the sustainable economic Institutions: Promote peaceful and growth of societies. inclusive societies for sustainable As part of the wider efforts of the United development, provide access to justice Nations University, the UNU-GCM’s team of for all and build effective, accountable leading researchers provide evidence-based and inclusive institutions at all levels. solutions to some of the world’s most pressing • SDG 17 - Partnerships for the and divisive issues at global, regional and Goals: Strengthen the means of local levels. implementation and revitalize the The United Nations University (UNU) is a global partnership for sustainable global think tank and postgraduate teaching development. organisation, bridging the international This is a report of the United Nations University Institute academic community and the United Nations on Globalization, Culture and Mobility. It forms part of the A pre-eminent research centre, the United system. Headquartered in Japan, the UNU series, Migration, Social Inclusion and Peaceful Societies. Nations University Institute encompasses 13 research and training institutes It should be cited as: on Globalization, Culture and Mobility and programmes located in 12 countries around Ampuero Villagran, Ottavia. Identifying Migrant Bodies in (UNU-GCM) has been at the forefront the world. Its work is uniquely comprehensive, the Mediterranean, Policy Report No. 05/02. Barcelona: of knowledge on migrants' socio-cultural spanning the full breadth of the sustainable United Nations University Institute on Globalization, integration policy since it was founded in 2013. development goals. Culture and Mobility (UNU-GCM), 2018.

24 25 Report 2: Identifying Migrant Bodies in the Mediterranean Series 5: Migration, Social Inclusion and Peaceful Societies

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