The Precarious Position of NGO Safe and Rescue Operations in the Central Mediterranean
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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 -
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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. -
The Migration Crisis and the Fundamental Role of Ngos During Search and Rescue Operations in the Mediterranean
Master’s Degree programme in Comparative International Relations Second Cycle (ex D.M. 270/2004) Final Thesis The migration crisis and the fundamental role of NGOs during search and rescue operations in the Mediterranean Supervisor Ch. Prof. Antonio Trampus Assistant supervisor Ch. Prof.ssa Sara De Vido Graduand Anna Simoncini Matriculation Number 841138 Academic Year 2017/2018 TABLE OF CONTENTS ABSTRACT 1 INTRODUCTION 9 CHAPTER I – THE MIGRATION CRISIS IN THE MEDITERRANEAN AREA. 1. The current migration crisis and its evolution over the years. 11 1.1 Recent data on migration in the Mediterranean area. 13 2. International legal framework governing migration at sea. 16 2.1 The International Convention for the Safety of Life at Sea (SOLAS). 17 2.2 The Convention Relating to the Status of Refugees. 18 2.2.1 The principle of non-refoulement. 20 2.2.2 The principle of non-refoulement as international customary law. 22 2.3 The International Convention on Maritime Search and Rescue (SAR). 24 2.3.1 The Search and Rescue Regions. 25 2.3.2 The division of the areas of responsibility among the Mediterranean states. 26 2.3.3 The experts’ opinions about search and rescue activities in the Mediterranean. 28 2.4 The United Nations Convention on the Law of the Sea (UNCLOS). 29 3. European legal framework governing migration. 31 3.1 The Treaty of Amsterdam. 32 3.2 The Treaty of Lisbon. 35 3.3 The Dublin Convention. 37 3.3.1 The Dublin II Regulation. 39 3.3.2 The Dublin III Regulation. 41 3.3.3 The Dublin IV Proposal. -
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. -
Transgressive Solidarity: from Europe’S Cities to the Mediterranean Sea
DeBono, D and Mainwaring, C. 2020. Transgressive Solidarity: From Europe’s Cities to the Mediterranean Sea. Nordic Journal of Migration Research, 10(4), pp. 90–106. DOI: https://doi.org/10.33134/njmr.360 SPECIAL ISSUE ARTICLE Transgressive Solidarity: From Europe’s Cities to the Mediterranean Sea Daniela DeBono1,2 and Ċetta Mainwaring3 1 RSCAS – Robert Schuman Centre for Advanced Studies, European University Institute, Fiesole, IT 2 MIM – Malmö Institute for Studies of Migration, Diversity and Welfare, Malmö University, Malmö, SE 3 School of Social and Political Sciences, University of Glasgow, Glasgow, UK Corresponding author: Daniela DeBono ([email protected]) In the wake of increasing migrant deaths in the Mediterranean, non-governmental organizations took to the seas to conduct search and rescue operations in 2014. In 2016, this humanitarian fleet rescued 50,000 people in the Central Mediterranean Sea. In the meantime, local solidarity initiatives emerged across Europe, motivated by the arrival of many people in their cities and by deaths and border spectacles in the Mediterranean. Juxtaposing solidarity work in the Mediterranean Sea with solidarity work within the European Union’s borders, we examine how the spaces they operate in shape the possibilities and limits of solidarity activism. Despite identifying important differences, we ultimately demonstrate how the solidarity work within Europe and in the Mediterranean Sea fold into each other in complex ways. Moreover, we show how across Europe, people engage in transgressive soli- darity work that challenges EU border practices and concomitant categories to reimagine a more welcoming Europe. Keywords: Transgressive solidarity; Solidarity activism; Humanitarianism; Medi- terranean Sea; Search and rescue Introduction On an unusually warm autumn day in Hamburg, we entered a warehouse along the harbour front, the Elbe glittering in the sun behind us. -
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. -
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. -
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. -
Migrants, Borders and the Criminalisation of Solidarity in the EU LIZ FEKETE
RAC0010.1177/0306396818756793Race & Class 756793research-article2018 SAGE Los Angeles, London, New Delhi, Singapore, Washington DC, Melbourne Migrants, borders and the criminalisation of solidarity in the EU LIZ FEKETE Abstract: Europe’s response in 2015 to the arrival of the largest forced displacement of peoples since the second world war, was not to attend to their needs but to securitise its borders and use laws aimed at people traffickers and smugglers, against those giving aid to the destitute new arrivals. This article focuses on a discussion at the launch of Humanitarianism: the unacceptable face of solidarity, between the Institute of Race Relations, NGOs, solidarity campaigns, academics and students concerned about the EU’s attitude and policies to search and rescue in the Mediterranean Sea, the harassment and criminalising of those trying to give support to refugees and the ways to organise to preserve humanitarian principles in Europe. Discussion covers the secret deals being made by the EU with countries around the Mediterranean, in Libya and in central Africa to act as gatekeepers to prevent migration to Europe, the difficulty of challenging the Facilitation Directive which allows humanitarians to be prosecuted as people smugglers, within a European Parliament which has increasing numbers of members from the extreme Right, and the importance of independent research to counter the myths and misinformation from the EU and member states on migration and asylum. Liz Fekete, director of the Institute of Race Relations, carried out much of the IRR’s research into the criminalising of solidarity, co-wrote Humanitarianism: the unacceptable face of solidarity and organised and chaired the discussion meeting. -
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.