Human rights NGOs: ‘Preservation of life should be top-most priority’
Eight human rights NGOs call on Italy and Malta to ensure priority is given to safeguard migrants’ lives caught in a standoff outside Maltese territorial waters.
Human rights NGOs called on Italy and Malta to ensure that all decisions involving the fate of the migrants aboard the MT Salamis give top-most priority to the preservation of their lives.
102 migrants, including 20 women and a child, are stuck on a tanker 24 nautical miles off Malta as the Maltese government refused entry to the tanker. The vessel had been originally instructed by Italian authorities to rescue the migrants 45 nautical miles off the Libyan coast and take them to the nearest port of call in Tripoli.
"Whilst legal and political sensitivities are of course central to the determination of responsibilities and obligations, these should not override or ignore the need to ensure the safety of all rescued persons and of the rescuing crew," the NGOs said.
The NGOs are aditus foundation, JRS Malta, Migrants' Network for Equality, SOS Malta, KOPIN, Integra Foundation, Foundation for Shelter and Support to Migrants, Organisation for Friendship in Diversity.
From the available information, it seems that the migrants were rescued within Libya's search and rescue zone, and that Italy was the first state contacted with news of the distress.
"In view of the location of the rescue operation, Libya ought to be responsible for the coordination of the rescue operation, and for ensuring the prompt disembarkation of the rescued migrants at a safe port," they said.
"However, if and how Libya responded to any distress call is unclear at this time. It is further noted that Libya's possible lack of response would require either Italy or Malta to assume rescue coordination responsibilities, depending on various factual considerations and in accordance with international maritime law obligations."
The NGOs urged Italy and Malta to remember that the rescue operation should result in the migrants being disembarked at a safe port. They said both countries subscribed to, and strongly urged an interpretation of 'safe' that is not limited to immediate physical safety but which also looked at the human rights situation the rescued persons would be exposed to.
"Will any rescued asylum-seekers have the opportunity to present their asylum claims in Libya, or will they be forcibly returned to their countries of origin? Will they be locked up in detention centres that violate their human dignity? Will they be exposed to risks of torture, rape, assault and other forms of physical and psychological violence? Will vulnerable individuals be provided with the necessary support?"
The NGOs said they were concerned that such actions by states discourage private vessels from fulfilling their obligation of rescuing persons in distress.
"We warmly applaud the courage and commitment shown by the Salamis' captain and crew, and urge coastal states to take due consideration of the human and commercial strain such incidents place on private vessels," they said.
"Italy and Malta need to ensure that all the rescued persons are not returned to a territory where they would be exposed to severe human rights violations. Furthermore, we also urge the European Union to contribute to the prevention of these incidents by exploring means of supporting the search and rescue efforts of Italy and Malta."
The NGOs urged the Italian and Maltese authorities to publish an incident report.