Given recent tragedies
involving the deaths of migrants at sea, not the least of which were those of 3
and 11 October in the vicinity of Lampedusa, the United Nations High
Commissioner for Refugees (UNHCR) has called for an immediate strengthening of
the central Mediterranean’s search and rescue at sea capabilities.
In its recently-published
Proposal for a Central Mediterranean Sea Initiative: EU solidarity for
rescue-at-sea, protection and comprehensive responses, the UNHCR notes that
while the international law of the sea establishes clear obligations for
shipmasters to rescue those in distress at sea, “in practice, however, gaps
remain regarding responsibilities for disembarkation which are particularly
evident in rescue operations involving refugees and undocumented migrants.
“The serious challenges
around maritime movements, rescue, and comprehensive responses arise in
numerous locations along the EU’s sea borders,” the UNHCR notes, adding that
its “proposals for actions could be taken by the EU and member states, as well
as other European countries, to address the situation in Italy, Malta and their
southern neighbours in particular”.
Without pointing fingers
specifically at any nation, the UNHCR says: “Differing views on disembarkation
are directly linked to the question of which state or states would carry
longer-term responsibility for the provision of asylum or other outcomes for
those not in need of international protection.”
First and foremost, the
UNHCR has called for reinforcing and maintaining SAR patrols along
Mediterranean routes towards Italy and Malta, with the support of other
countries in the region.
“SAR activities need to
be initiated wherever there are indications that a vessel, or the conditions of
the people on board, do not allow for safe travel, creating a risk that people
may perish at sea. Relevant factors include: severe overcrowding, the poor
condition of vessels, a lack of necessary equipment and the absence of
professional personnel. In addition, weather conditions may also need to be
considered.
“SAR operations are
required to identify distress situations, including for boats with migrants and
refugees, and undertake and/or coordinate SAR operations when necessary, as
well as facilitate the identification of a place of safety for disembarkation.”
The proposals also
observe that national maritime patrol activities, as well as Frontex’s work in
coordinating joint patrols, could be reinforced, as has been proposed in recent
EU discussions, notably with regard to rescue capacity and disembarkation
arrangements. Along such lines, the UNHCR says: “Practical cooperation between
EU member states and support from the International Maritime Organisation (IMO)
would be useful.”
Shipmasters of commercial
vessels must, according to the report, also be encouraged to undertake SAR
operations, “including by ensuring the facilitation of disembarkation of
rescued persons without delay or diversion, without the risk of prosecution
following their lifesaving actions. To the extent possible, such rescue must
ensure minimal financial impact on commercial ships.”
The UNHCR also considers
it “essential” that, building on the work of the IMO, further guidance for
shipmasters on the definition of what constitutes a distress situation is
developed. Others involved, such as Frontex, could also include appropriate
guidance in their operational plans, the UNHCR suggests.
In line with the recent
Djibouti Conclusions, the UNHCR also calls for the creation of Mobile
Protection Response Teams, composed of experts and including states,
international organisations and NGOs, to provide multi-disciplinary support to,
and capacity-building for, states undertaking disembarkation and/or processing
in addressing the needs of irregular mixed groups. Such teams, according to the
UNHCR, could also have a role in reception arrangements, profiling and referral
and, where appropriate, asylum or other status determination procedures.
In terms of
disembarkation, the UNHCR observes that in order to ensure effective SAR operations:
“It is important to develop effective and predictable mechanisms for
identifying without delay places of safety for the rapid disembarkation in
Europe of rescued refugees and migrants. This must take into account the
availability of capacity to address immediate post-disembarkation needs”.
Arrangements for the
immediate post-disembarkation phase must also be strengthened, for initial
reception, potentially involving qualified state and other organisations that
can offer specific services and expertise.
“These should be
expandable to respond in flexible and effective ways to changing arrival
patterns. Additional facilities could supplement the existing capacity in
Lampedusa. Strict limits and safeguards should regulate the use of detention,
combined with the application of alternatives to detention and any measures
improving the conditions for asylum-seekers who are awaiting processing for
asylum.
“Speedy responses will be
needed to address the immediate humanitarian needs for those rescued, through
the provision of basic information packages in several languages, and
assistance (food, medical assistance, clothing, trauma relief, effective
interpretation support) in humane and dignified conditions. Based on the
existing Italian Red Cross model, a centralised hotline to respond to inquiries
from relatives could also assist member states, inter alia with initial family
tracing, potentially drawing on the services of non-governmental bodies with
experience in providing such services.”
The UNHCR drives home the
grim reality that, “The movement of refugees and migrants by dangerous means
across the Mediterranean Sea towards Europe continues to exact a devastating
toll on human life. UNHCR estimates that, in 2011 alone, over 1,500 people
died, many crossing from North Africa to Italy or Malta to escape the conflict
in Libya.
“Since that time,
refugees and migrants, including an increasing number of Syrian refugees, have
continued to take to the sea, resulting in casualties on a deplorable scale.”
The UNHCR notes that
“several shocking incidents” had taken place in October 2013, in the stretch of
sea between Libya, Malta and Italy, in which hundreds of lives had been lost in
tragic circumstances.
“Despite the best efforts
of the Italian Coast Guard and the Armed Forces of Malta to aid the vessels in
distress, only a limited number of survivors could be rescued and brought to
safety in Italy and Malta. These tragedies illustrate that existing mechanisms
and arrangements need to be strengthened further to respond more effectively
and prevent deaths at sea.”
In all, the UNHCR says
that since 2007 over 175,000 individuals have arrived by sea in Italy, peaking
in 2011 with over 60,000 arrivals.
“Malta has seen arrivals
of over 18,000 individuals since 2002. The majority of these new arrivals come
originally from Eritrea and Somalia, and more recently, an increasing number
are from Syria (Syrian nationals and Palestinians) and Egypt.
“Many, though not all, of
the recent arrivals are in need of international protection. The reasons for
undertaking these journeys include a lack of protection in first countries of
asylum as well as a desire to reunite with family members. The absence of
security, economic opportunities and education are also important elements.
Very often a combination of these factors prompts movements.”
The UNHCR also notes that
several countries in North Africa are also increasingly affected by the
displacement caused by the Syria crisis, which places additional demands on
their infrastructure and resources.
“Given the ongoing and
dramatic needs of Syrian refugees, which are likely to continue and grow in the
immediate future, reinforcement of capacity to receive them in North African
countries is increasingly urgent.
“States located at the
southern sea borders of Europe, such as Greece, Italy, Malta and Spain, are
confronted with frequent arrivals by sea of refugees and asylum-seekers within
mixed migratory movements.
“Irrespective of their
need for international protection, the people arriving by boat through the
Mediterranean Sea are often traumatised and have dire humanitarian needs not
least because of their exhausting and dangerous journeys.
“As recognised by EU
member states and the EU itself, the UNHCR points out: “This dramatic situation
at the EU’s sea borders demands urgent and concerted European action in
accordance with the principle of non-refoulement [the protection of refugees
from being returned to places where their lives or freedoms could be
threatened]. Comprehensive measures need to be explored with the countries
involved on both sides of the Mediterranean to offer credible alternatives to
perilous journeys by boat.”
Source; independent.com.mt
