The Castaways from Hell
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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. -
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. -
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. -
Migrants at Sea: Unintended Consequences of Search and Rescue Operations*
Migrants at Sea: Unintended Consequences of Search and Rescue Operations* Claudio Deiana, Vikram Maheshri, Giovanni Mastrobuoni§ December 22, 2020 Abstract The Central Mediterranean Sea is the world's most dangerous crossing for irregular migrants. In response to mounting deaths, European nations intensified search and rescue operations in 2013. We develop a model of irregular migration to identify the effects of these operations. Leveraging plausibly exogenous variation from rapidly varying crossing conditions, we find that smugglers responded by sending boats in adverse weather and shifting from seaworthy boats to flimsy rafts. In doing so, these operations induced more crossings, ultimately offsetting their intended safety benefits. A more successful policy should restrict the supply of rafts and expand legal alternatives to irregular migration. Keywords: Central Mediterranean sea crossings, international, undocumented, irregular migration, search and rescue operations, rubber boats, deaths JEL codes: F22 (International Migration); H12 (Crisis Management). * We thank Cevat Aksoy, Samuel Bazzi, Giacomo Calzolari, Gordon Hanson, Tim Hatton, Andrea Ichino, Sandra Rozo and various seminar and conference audiences for their valuable feedback. Opinions expressed herein are those of the authors only and do not reflect the views of, or involve any responsibility for, the institutions to which they are affiliated. Any errors are the fault of the authors only. University of Cagliari, [email protected] University of Houston, [email protected] § Collegio -
The Missing Obligation to Disembark Persons Rescued at Sea
THE MISSING OBLIGATION TO DISEMBARK PERSONS RESCUED AT SEA Kiara Neri * Abstract Since 2015, several European NGOs have developed rescuing activities in the Mediterranean Sea, in response of the great amount of death of mi- grants trying to reach the European border. The activities of these NGOs raise a number of legal issues, namely the compatibility with international law of their activity, the right for a coastal State to order a private ship to stop while in the high seas, or the question of disembarkation of the persons rescued at sea. This last point will be the object of the paper. Do coastal States have an obligation under international law to disembark rescued people on their ter- ritory? This issue is topical since Malta, Italy and France are systematically denying NGO vessels the right to disembark their passengers in their national ports. This paper will address this legal issue and argue that neither general international law, nor law of the sea, nor human rights law provide for such an obligation. However, the obligation can be found, under certain conditions, in European Union law. Keywords: search and rescue operations; obligation to disembark; access to European ports; non-refoulement principle 1. Introd U ction Since 2015, several European non governmental organizations (NGOs)1 have developed rescue activities in the Mediterranean Sea, in response to the number of deaths of migrants trying to reach the European border. These organi- sations have taken the lead on the search and rescue operations in the Central Mediterranean Sea in recent years, as highlighted by David Hammond, CEO of Human Rights at Sea: Civil society-led search and rescue NGOs have been a princi- ple proactive search and rescue humanitarian actor in the central Mediterranean for the past five years. -
The Criminalization of Sea Rescue Ngos in Italy
European Journal on Criminal Policy and Research https://doi.org/10.1007/s10610-020-09464-1 From “Angels” to “Vice Smugglers”: the Criminalization of Sea Rescue NGOs in Italy Eugenio Cusumano1 & Matteo Villa2 # The Author(s) 2020 Abstract Non-governmental organizations (NGOs) have played a crucial role in conducting Search and Rescue (SAR) operations off the Libyan coast, assisting almost 120,000 migrants between 2014 and 2019. Their activities, however, have been increasingly criticized. The accusation that NGOs facilitate irregular migration has escalated into investigations by Italian and Maltese courts and various policy initiatives restricting non-governmental ships and their access to European ports. Although all NGOs investigated to date have been acquitted, the combination of criminal investigations and policy restrictions that has taken place in Italy since 2017 has severely hindered non-governmental SAR operations. Given the humanitarian repercussions of reducing NGOs’ presence at sea, the merits and shortcomings of the arguments underlying the criminalization of non-governmental maritime rescue warrant in-depth research. To that end, this article fulfils two interrelated tasks. First, it provides a genealogy of the accusation against NGOs and the ensuing combination of legal criminalization, policy restrictions, and social stigmatization in restraining their activities. Second, it uses quantitative data to show that empirically verifiable accusations like the claim that NGOs serve as a pull factor of migration, thereby causing more people to day at sea, are not supported by available evidence. By doing so, our study sheds new light onto the criminalization of humanitarianism and its implications. Keywords Maritime rescue . NGOs . Criminalization of humanitarianism . -
9. Adopted on Refugees in Greece, Libya and Italy
EGP Council, Antwerp, 18 - 20 May 2018 Adopted Resolution Two years after the EU-Turkey statement; Nine months after the agreement between Italy and Libya with the financial and political support of the EU Continued violations of human rights; increasing hostility towards migrants and humanitarian workers and NGOs in the EU; financial and political support from the EU for authoritarian regimes and unstable institutions: this seems to be the result of the lack of effective action and support from the EU and its Member States concerning the recent migrant and refugees’ flows trying to reach the EU, from Turkey, and from Libya to Greece and Italy. GREECE: For a fair sharing of responsibilities Two years after the agreement between the EU and Turkey concerning the arrival of migrants and refugees from Turkey to Greece, the management of the refugees’ crisis in Greece has entered a new phase. Since the routes to central Europe have been closed and processes for the reunification of families frozen, about 65.000 refugees and migrants have been trapped in Greece. Their hopes of rebuilding their lives free from violence and persecution have been crushed as they learn that their future in Greece during its economic crisis is uncertain. In mainland Greece, most of the refugees and migrants are being held in camps, with a smaller number in residences provided by the UNHCR and other organisations. A few have been able to move to northern Europe by various means, but those who remain in Greece are becoming increasingly frustrated. In the Aegean Islands, there are fewer arrivals than in the past, although boats are still arriving nearly every day.