http://www.maltatoday.com.mt/en/newsdetails/news/national/Human-Rights-Watch-calls-for-coordinated-action-to-improve-migrants-rescue-20120816
Rescue operations in the Mediterranean are hampered by poor
coordination, disputes over responsibility, disincentives for commercial
vessels to conduct rescues, and an emphasis on border enforcement,
Human Rights Watch said in a briefing paper published today.
"It is chilling to think how many of these deaths could have been prevented," said Judith Sunderland,
senior Western Europe researcher at Human Rights Watch. "Saving lives,
not deflecting responsibility, needs to be the imperative at sea."
The most notorious example of failed rescue operations occurred in April 2011, known as the "left-to-die boat" case.
A disabled migrant boat with 72 people fleeing Libya was ignored and
drifted for two weeks in the Mediterranean at a time when the area was
heavily patrolled by NATO forces as well as criss-crossed by commercial
ships.
By the time the boat drifted back to Libyan shores, 61 people had died. Two more died after arrival. An in-depth inquiry by the Council of Europe's
Parliamentary Assembly identified a "catalogue of failures" that caused
the deaths. Serious questions remain about why the boat was not
assisted despite distress alerts and contact with military and
commercial vessels, Human Rights Watch said.
The European Union is developing a new European External Border
Surveillance System, EUROSUR. It includes rescue at sea as a main
objective, but does not include specific guidelines or procedures to
ensure this objective is reached.
"Preventing deaths at sea needs to be at the heart of a coordinated
European-wide approach to boat migration," Human Rights Watch said.
"During the Arab Spring, the office of the UN High Commissioner for
Refugees said that all overcrowded migrant boats in the Mediterranean
should be presumed to be in need of rescue. This idea should inform the
approach of the European Union toward the rescue of boat migrants."
The United Nations High Commissioner for Refugees (UNHCR) estimates
that 1,500 people died in the Mediterranean in 2011 alone, making it the
deadliest year on record.
Italy, Malta, Greece, Spain, and Libya all have what are called
"Search and Rescue" (SAR) Areas for which they are responsible. Each
country has a Rescue Co-ordination Centre (RCC) to receive, process, and
share information about vessels in distress.
Human Rights Watch however says the system is however far from
perfect, nor is it perfectly applied. "The law sets a high standard for
the concept of distress, allowing ships to ignore dangerously
overcrowded and ill-equipped migrant boats unless there are very clear
signals of need for assistance."
IN the 'left-to-die' incident, the Canadian frigate HMCS
Charlottetown, participating in NATO's Operation Unified Protector in
Libya, assisted a migrant boat back in March 2011 when the crew
ascertained that the engine functioned and had sufficient fuel. Though
the boat had a "rudimentary steering system" and was "crowded", the
Canadian crew determined that their obligations had been met by
providing food, water, and blankets.
The next day, the Italian military ship Etna assisted a ship in
distress that met the same description, arranging for helicopter
transportation for a newborn baby and mother, as well as a woman in
labour; while other passengers were subsequently transferred to an
Italian coast guard ship and taken to Lampedusa.
"Lack of clarity in the legal framework over where rescued persons
should be safely disembarked lead to conflicts, notably between Italy
and Malta, and unnecessary delays," Human Rights Watch said.
Malta, which has a large search and rescue region stretching to as
far as Crete, has so far not accepted the 2004 amendments to
international maritime law, which would oblige it to take in all
migrants rescued, irrespectively of whether they are closer to a safe
port of call. Malta has refused to participate in Frontex joint patrols
on these grounds.
Malta has long insisted that those rescued close to Lampedusa should
be disembarked there, while Italy contends that those rescued in Malta's
SAR are Malta's responsibility. In September 2011, Italy declared
Lampedusa an unsafe port after a fire partially destroyed the reception
and detention facility, creating further complications. At this writing,
the centre has yet to be reopened.
