2023-07-01 12:02:44
In the North Atlantic, three countries – the United States, Canada and France – have deployed ships and planes for five days to try to find the five passengers of the Titan submarine, which disappeared during a tourist expedition to explore the wreck of the Titanic.
Three days earlier, on the night of June 13 to 14, a dilapidated trawler carrying more than 750 migrants, leaving from Libya, sank off the coast of Greece, killing more than 82 people. This tragedy, one of the worst in the Mediterranean, has raised many questions regarding the chain of responsibility, while the Greek coastguard, among others, is regularly accused of carrying out illegal pushbacks of migrants.
On Monday, the European border agency, Frontex, even threatened to suspend its activities in Greece and accuses Athens of having ignored an offer of additional air support. Several survivors of the sinking also testified that the Greek coast guard used a rope to tow the boat, which they said triggered the capsizing of their boat.
An undated photo provided by the Greek Coast Guard shows migrants on board a boat during a rescue operation, before their boat capsized in the open sea off Greece on June 14, 2023.
Photo : (Hellenic Coast Guard/The Associated Press)
According to the United Nations, under both an ancient maritime tradition and the obligations prescribed by international law, the captain of a ship has a duty to render assistance to any person in distress at sea, and this, regardless of that person’s nationality, status or the circumstances in which they were found.
What international law says
Rescue at sea is governed by several international treaties, including the 1974 International Convention for the Safety of Life at Sea (SOLAS Convention) and the International Convention on Maritime Search and Rescue (SAR Convention), which entered into force in 1985.
In the eyes of international law, when it comes to rescue at sea, borders should not matter, explains to Radio-Canada Luna Vives, assistant professor in the Department of Geography at the University of Montreal and specialist in international migration. .
Historically, the maritime rescue system was completely independent of the migration control system or the border regime, she continues. But today, as the issue of migration has become hyper-politicized, [certains États] use the rescue system to close their borders once morest unwanted migration.
“The sea rescue system is a bit like the ambulance or fire brigade system. It’s like asking firefighters to check the status or identity of people who are caught in a burning building before rescuing them. »
— A quote from Luna Vives, Assistant Professor in the Department of Geography at the University of Montreal
According to her, the militarization of the rescue services began from 2015, at the height of the migration crisis in Europe. Since that date, the European Union (EU) has signed several agreements with countries on the southern and eastern shores of the Mediterranean, including Turkey, Lebanon, Tunisia and Libya, to prevent the departure of irregular migrants in exchange for financial aid for the reception of refugees in these countries.
A boat filled with illegal migrants from countries in sub-Saharan Africa following being intercepted by the Tunisian coast guard, October 4, 2022.
“Criminalized” rescue operations
However, these measures do not seem to slow the rate of illegal migration to Europe or the frequency of tragedies at sea: more than 20,000 people have drowned since 2014 in the central Mediterranean, between North Africa and Italy, according to the latest report from the International Organization for Migration (IOM).
To curb the flow of migrants, some European countries, including Italy, Malta and Greece, have even taken legal action once morest the people and NGOs who rescued them at sea.
According to Vincent Cochetel, special envoy of the United Nations High Commissioner for Refugees (UNHCR) in the Mediterranean, NGOs rescuing migrants at sea are filling a void […] while many states refuse to put in place a predictable and robust rescue regime in the central Mediterranean.
Today, they assume 10% of rescue operations at sea in this area and play a key role in alerting and detecting distress situations, he adds in an email sent to Radio-Canada. Any criminalization of the role of NGOs for humanitarian activities at sea seems to us contrary to the elementary considerations of humanity which must prevail in matters of rescue at sea.
Migrants rescued by the NGO SOS Méditerranée not far from Sicily, November 4, 2022.
Photo : Associated Press / Vincenzo Circosta
“Normally, relief in the Mediterranean should resemble that deployed for the Titan submarine. Under the SAR Convention, signatory countries are obligated to work with their neighbors to save as many lives as possible. But since this is a highly politicized subject, countries blame themselves and cease to respect their obligations. »
— A quote from Luna Vives, specialist in international migration
According to the researcher, international treaties were not necessarily designed to regulate migratory routes: It remains very vague and, therefore, each country can make the decisions it wants and there are no consequences in the event of violations.
A call for legal alternatives
Tuesday, in a column published in the newspaper The Monde45 associations and NGOs have called on the EU to open legal access routes to discourage dangerous crossings at sea. These routes must include, as a priority, the evacuation of particularly vulnerable migrants and asylum seekers, stranded in countries, such as Libya, where their lives are in danger due to systematic violations of their rights, and where access to the protection and care they need is non-existent or extremely limited, can we read in the text .
Vincent Cochetel, special envoy of the United Nations High Commissioner for Refugees (UNHCR) for the situation in the Mediterranean.
Photo : Associated Press / Martial Trezzini
The establishment of humanitarian corridors from Libya is also a measure supported by the UN, according to Mr. Cochetel. He stresses, however, that the existence of such legal channels will not lead overnight to a reduction in irregular movements by sea. The conditions prevailing in Libya in terms of respect for the human rights of migrants and refugees are such that many are ready to risk their lives, he adds.
“Better coordination between all coastal States, in compliance with international maritime law and human rights, can prevent certain shipwrecks at sea when the distress situation is detected quickly and relief is provided without delay. . »
— A quote from Vincent Cochetel, UNHCR Special Envoy for the situation in the Mediterranean
What regarding the argument, put forward by some countries, that rescuing migrants at sea only encourages dangerous crossings? Both experts are adamant in their answer: that is not what the statistics show.
During the pandemic, the NGOs were not at sea for several months, but the departures [de migrants] from Libya have increased, explains Mr. Cochetel. The traffickers give [aux migrants qui embarquent] the emergency telephone numbers of the NGOs, but also of the States’ rescue centers at sea.
A migrant who needs medical attention following being rescued by the NGO SOS Méditerranée is taken care of by a rescuer from the French Air Force.
Restrictions that benefit smugglers
Ms. Vives recalls, for her part, that among the passengers of the trawler which recently sank off the coast of Greece, there were Syrians, Afghans and Palestinians. These are people who come from countries at war. They go to sea because they have no other options.
According to her, the strengthening of borders in Europe mainly benefits people smugglers and traffickers. The problem is that the borders are closed without opening safe passages for asylum seekers […] and that’s why people are forced to go to sea in stowaways […] and thus become victims of criminal networks, she says.
In addition to creating legal access routes, the UNHCR special envoy pleads for better coordination between the countries on the northern and southern shores of the Mediterranean.
Address the root causes of these movements [migratoires] in their country of origin and in countries of transit is essential to address the lack of protection and assistance services along the routes leading to Tunisia, Morocco and Libya, concludes Mr. Cochetel.
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