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Salamis dilemma points to urgent need for clearer disembarkation rules – EU rights agency
EU’s fundamental rights agency welcomes swift agreement between Malta and Italy to uphold rights of migrants.
7 August 2013, 12:00am
Matthew Vella
Matthew Vella
2 min read
The M/T Salamis sailed on to Syracuse last night.
The European Union's fundamental rights agency (FRA) has warned that coastal states risk "unacceptable consequences" of delays in disembarkation for rescued migrants due to unclear rules in international law, in the aftermath of the resolution to the M/T Salamis rescue of 102 asylum seekers on Monday.
The oil tanker yesterday sailed on to Syracuse after the Italian government accepted to receive the asylum seekers rejected by Malta, when the Salamis's shipmaster refused to turn back to Libya and forge on its intended route to Malta where it was to deliver a gasoil shipment.
"FRA welcomes the swift agreement between Malta and Italy that will uphold the rights of these migrants," FRA directo Morten Kjaerum said after Italy took the 102 people, including four pregnant women, one injured woman as well as a five-month old baby.
Earlier yesterday, the European Commissioner for Home Affairs, Cecilia Malmström urged the Maltese government to take swift action and allow the migrants to disembark on their territory.
"Migrants who have already had the trauma of being rescued at sea should not also suffer the indignity of being pawns in legal disputes," FRA director Morten Kjaerum said. "Time and time again we see this happening. International human rights obligations should ensure the rights of rescued migrants are safeguarded and they receive the assistance and support they need. FRA is pleased to see the fast response by Malta and Italy that will allow these migrants to disembark."
The Maltese authorities have insisted that it was the shipmaster's responsibility to return to Libya after saving the migrants at a location just 45 nautical miles north of the port of Khoms. The reasoning was that the maritime rescue coordination centre of Rome ordered the Liberian-flagged tanker M/T Salamis to take the migrants back to Libya when it was close to the Libyan coast.
However, the FRA said today that none of the neighbouring coastal states in North Africa provide effective protection to people seeking asylum. Pointing out the conclusions of its 2013 report on Fundamental rights at Europe's southern sea borders, the FRA said that national authorities in such countries still do not have the capacity or willingness to adjudicate asylum claims in accordance with international standards.
In one of the examples from the report, over 100 migrants were stranded on a vessel under NATO command for several days in July 2011, as Malta, Spain (the flag ship) and Italy debated where to take them. They were finally brought to a refugee camp in Tunisia. The FRA report concluded that in such cases all parties should make practical arrangements to allow for swift resolution of any disputes in full respect of the principle of not returning potential victims to a place where their life and safety are at risk.
Matthew Vella, a freelance journalist at MaltaToday, was formerly executive editor at Malt...
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Since Libya is a member of the United Nations what difficulties does the United Nations Refugee Commissioner has in opening a Refugee Office there and help these unfortunate people to be granted asylum in Libya to later proceed to mainland Europe?
There are thousands of Europeans,North Africans and Asians working and living there: why are the Somalis considered at risk there? At risk from what: jobs, wellbeing, poverty, life ?
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Preaching and tutoring is not the solution to this continuous problem.The FRA first and utmost job should do is to patrol the territorial waters of Italy and Malta, nab the human traffickers with the assistance and cooperation of Libya.Relief these countries by taking these asylum seekers to all EU members as per size, population or per capita, antway you want to slice it but take some or all, they didn't come to stay in Malta afterall.Malta and Italy have done more that their share, show us some compassion, respect and integrity to this tiny island.
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The only disembarcation rules that are needed are that they can choose to either disembark in Libya or their own country.
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EU’s fundamental rights agency welcomes swift agreement between Malta and Italy to uphold rights of migrants... What swift action is being taken by EU member states apart from Malta and Italy and its allies? The Actions by these Preachers is neither swift nor slow. The action is simply DEAD. To be sure one can ask Ms Cecilia Malstrom and Mr Van Rompuy. What have they done. The preached and preached and preached to the smallest nation to accept responsibilities which none of them accepted. Malta and Italy should put up a stand and say "That's enough". If the burden sharing isn't put into practice then the other 26 countries are breaking eu rules and should be processed by the International / Brussels Courts of "Justice" and stop picking on us as said before, the smallest Nation in this Elite's Club.
Paul Sammut •
FRA director Morten Kjaerum said. "International human rights obligations should ensure the rights of rescued migrants are safeguarded and they receive the assistance and support they need."
Bravo. It would be fairer still to ask each migrant where he or she would like to proceed to and help them on their journey to reach the desired destination.
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As usual, the EU (fast totally developing to be a completely useless organ except to continually preach and pontificate) has AGAIN put the cart BEFORE the horse. The FIRST fundamental right to be looked into and safeguarded is the RIGHT of the people of Malta and Italy to have THEIR fundamental rights protected against illegal invasions.
ALBERT FENECH
Joseph MELI •
Dont know why any clearer "disembarkation rules " are needed as surely the main issue is where these people where picked up from at sea,i.e. in whose territorial waters?All this will do is possibly prevent future rescues at sea by more callous and unscrupulous sea captains of merchant vessels as they may simply sail on by given the massive problems these migrants bring and,although this wil never be admitted ,may be so instructed by the ship owners!
