News (EN)

The deal signed in Malta is disingenuous

Joint press release of the Palermo Charter Platform Process on the results of the EU Summit of Home Affairs Ministers on 23 September in Malta and the consequent negotiations on 8 October in Luxembourg

10/09/2019

The Malta Agreement (“agreement on temporary reception and distribution mechanism”) is not a hard-won solution, but nothing more than a partial emergency relief. We, civil society initiatives and networks, mayors of European cities and search and rescue (SAR) NGOs, demand a real solution that is adequate to the scale of the humanitarian crisis currently unfolding in the Mediterranean Sea.

Over 15.000 people have died in the Mediterranean Sea in the last five years. “Every single person is one too many,” says Alessandra Sciurba from Mediterranea Saving Humans. “When we receive distress calls from people on boats, they fear two things: to drown and to be returned to Libya. The outsourcing of EU border control to Libyan forces and mass interceptions at sea have to stop, “ demands Maurice Stierl from WatchTheMed Alarm Phone. “ The establishment of an operational and sustainable European rescue mission is absolutely necessary in order to prevent deaths in the Mediterranean Sea. Sadly, it is still missing in the Malta agreement”, adds Sciurba.

The deal signed in Malta is disingenuous, as it ignores the fact that many civil rescue ships are either blocked or confiscated by state authorities. Additionally, it does not address the situation into which merchant ships are forced. “ Future relocation mechanisms must take them into account in order to prevent further cases of non-assistance and illegal push backs to Libya. Who is going to be responsible for setting up a rescue mission that is proportional to the scope of the crisis? Frankly, the proposed measures fall short of our mildest expectations.” admits Oliver Kulikowski from Sea-Watch. The temporary agreement on disembarkation does not in any way address the main cause of flight – the Libyan detention camps. The EU refuses, time and again, to come up with any viable solution for the people caught in the crossfire of the Libyan civil war. “The collaboration between the EU and the criminal Libyan Coast Guard results in illegal push-backs banned by international law. This is not a solution: it makes the unbearable situation of the refugees trapped in Libya even worse,” claims Alina Lyapina from the German movement Seebruecke. “We demand an immediate and direct evacuation of all refugees from the Libyan detention camps to Europe. Anything less than that is unacceptable to us,” she continues.

We emphasize that the large reception capacities of European cities must be taken into account. In Germany alone, over 100 cities and municipalities are willing to take in refugees. “For us, saving lives at sea or, really, anywhere is not simply an act of goodwill. Providing aid to those in need is an integral part of the society we want to live in, that is based on transnational solidarity, universal human rights, acceptance and global openness,” declares Stephan Neher, Mayor of the German city of Rottenburg on Neckar.

The awful tragedies in the Mediterranean Sea and in Moria can be avoided in a simple way: we call on the EU states to remove all restrictions on civil society and cities’ initiatives on migration policy. We want to act responsibly, welcome the rescued and treat them with dignity and respect. “If they seek a new home, we are ready to offer them one – in our communities. They can be Neapolitans, Palermitans, Berliners or Barcelonians if they want to.” concludes Luigi de Magistris, Mayor of Naples.

Contacts:

Alessandra Sciurba, MEDITERRANEA Saving Humans: [email protected] ,
Phone: +393928394572

Maurice Stierl, WatchTheMed ALARM PHONE: [email protected] ,
Phone: +491636926037

Oliver Kulikowski, SEA-WATCH: [email protected] ,
Phone: +4915792354723

Alina Lyapina, SEEBRUECKE: [email protected] ,
Phone: +4915750786736

Stephan Neher: [email protected] ,
Phone: (+49)07472/165-201

Laura Marmorale, City of Naples: [email protected] ,
Phone: +393383031201

What is Palermo Charter Platform Process?

We are humanitarian and search and rescue (SAR) NGOs, civil society organisations and activist groups, including Sea-Watch,Alarm Phone, Mediterranea Saving Humans, Seebrücke, Aita Mari, Jugend Rettet, Borderline Europe, Inura, Open Arms and Welcome to Europe, as well as representatives of several European cities and municipalities, such as Naples, Barcelona and Palermo, united under the slogan “From the Sea to the Cities!” Our network was born in Palermo in 2018 in the spirit of the Charter of Palermo, with its central demand for the right to mobility. We demand the immediate release of all civil SAR ships, an end to the criminalization of sea rescue and solidarity, an immediate stop to the EU collaboration with Libya and other “third countries” involved in severe human rights violations. Instead, we advocate for “Corridors of Solidarity” – the relocation and distribution of refugees and migrants to the countries of their desired destination – while drawing inspiration from the work of solidarity and sanctuary cities all over Europe.

News (EN)

Common position on the EU Justice and Home Affairs Council

With the present document, the signing non-governmental-organisations involved in search-and-rescue activities in the Mediterranean Sea, jointly share the following considerations and recommendations to the JHA Ministers reuniting in Luxembourg to follow up to the mini-summit of 23 September held in Malta. The question of a fair and human needs-based relocation mechanism remains unresolved. In recent months there have been repeated stand-offs of up to 19 days1 until a number of volunteering EU Member States (MS) have agreed on ad-hoc distribution schemes of relocation for the people rescued in the Central Mediterranean Sea. This practice contradicts international maritime and human rights law, in particular with regards to the obligation set by the legal framework applicable to search and rescue for bringing shipwrecked people to a “Place of Safety” (PoS)2 without any delay.3

Establishing a relocation mechanism for people rescued at sea by private ships is secondary to the wider problem of the ongoing severe violations of international human rights law occurring in the Mediterranean area against people who migrate. These violations are above all put in place through the cooperation of the EU Member States with third countries such as Libya, a country afflicted by a civil war, in which the so-called authorities are in strict connection with traffickers of human beings, and tortures and inhuman and degrading treatments are usually perpetrated against foreigners, as several Institutional reports denounced in details in last years. We reaffirm that the opening of legal entry channels from third countries, and humanitarian corridors from countries at war, constitutes the only real way to fight and dismantle smuggler networks in the Central Mediterranean.

Moreover, the lack of comprehensive and reliable figures and follow-up on the distribution of disembarked persons results in nontransparent relocation practices, as countries may often receive fewer people than originally pledged.4 Furthermore, current ad hoc mechanisms with little accountability are maintaining unequal treatment with regards to responsibility-sharing among the EU MS. In order to meet these concerns, the signing organisations wish to share a set of guidelines in light of the Council of JHA Ministers and having as reference the Joint Declaration of 23 September 2019 resulting from the mini-summit in Malta.

1. Temporary relocation as an accompanying measure

A temporary relocation mechanism does not replace a longterm solution and would provide only a fragile and illusory solution for the humanitarian emergency in the Mediterranean Sea. A lasting solution requires a reform of the Common European Asylum System (CEAS), including the Dublin Regulation and shall rest upon a solidarity principle, such as enshrined in the Treaty on the Functioning of the EU (TFEU). The European Council is still blocking the reform of Dublin III, ignoring a proposal by the European Parliament which has already been submitted in 2017. We welcome the reference made at point 15 of the Joint Declaration about the commitment “to advance on the reform of the Common European Asylum System on the basis of an initiative of the Commission”, nonetheless stressing the need to consider the power of initiative of the European Parliament to the matter.

We notice as well that the project outlined in the Joint Declaration includes clauses which make it very much dependent on unclear factors and leaves too much discretion to individual member states. In particular, point 15 of the Declaration stresses that “this mechanism as a pilot project shall be valid for a period of not less than six months and may be renewed subject to the agreement of the parties concerned or terminated in the case of misuse by third parties”, where it is unclear what is meant by “misuse”, and concludes adding that “should the number of relocated persons within these 6 months substantially rise the participating Member States will immediately come together for consultation. During the consultations, the entire mechanism might be suspended”. We must highlight how these conditions and variables weaken the whole concept by potentially reducing the approach, once again to an ad hoc mechanism.

2. Specific protection and human needs-oriented criteria for relocation in full compliance with international human rights law, refugee law, and EU asylum law

Any relocation scheme must at the same time ensure that countries of destination are defined by taking into account individual needs and connections such as family, community and social links conceived in a broad sense, as well as individual vulnerabilities and vulnerable groups including victims of violence, unaccompanied minors, disabled people, potential victims of trafficking and (sexual) exploitation in Europe but also that the relocation happens as swift as possible without avoidable delay. Furthermore, a relocation mechanism has to ensure that the agreement does not leave a gap of responsibility, leaving individuals in a bureaucratic grey area in which no MS is taking responsibility for their applications and interested persons don‘t have access to legal remedies.

3. No pre-screenings

Pre-relocation selection practices such as pre-screenings of individuals by MS harm the principle of non-discrimination of refugees as laid down in international law – the selection of persons eligible for relocation means in practice that the persons concerned may be unable to access the rights and benefits they are entitled to under the EU asylum acquis. Individuals must promptly be granted access to an asylum procedure, undergo vulnerability and best interests assessments, and benefit from the right to remain on the territory, as well as the right to adequate reception conditions such as accommodation and health care. In addition, pre-screenings risk the proliferation of so-called hotspots, as the country of arrival would need to create centres for such pre-screenings to take place in. The hotspot facilities, already existing in Italy, cannot guarantee a sufficient and detailed examination of the individual cases. Moreover, hotspots must not be used for the systematic detention of newly arrived foreign citizens and these have to have access to legal and social support for all the duration of relocation procedures, avoiding the risk of being isolated from guarantees deriving from the intervention of independent organizations and civil society.

Relocation should be automatic/immediate and should include all, not just people who expressed explicitly the will to seek asylum, and therefore should include all people disembarked in all European States, included Spain and Greece.

4. No ports’ rotation mechanism

A rotation mechanism, which means that civil rescue ships are assigned different European ports as Place of Safety (PoS) after rescue operations, is not justifiable from a maritime and humanitarian point of view. In order to make sure that the rescued persons are being disembarked as soon as possible, as defined in international law, only safe ports in immediate proximity can be considered. Furthermore, disembarking in a more distant port entails unnecessary and avoidable risks for the rescued persons on board. These include the medical situation, weather conditions, and supply shortage. Additionally, it means a longer absence of rescue capacities in the Central Mediterranean. With a fair and functional relocation mechanism, a rotation mechanism would not be necessary.

Point 1 of the Declaration says: “In case of a disproportionate migratory pressure in a participating State, calculated with reference to limitations in reception capacities, or a high number of applications for international protection, an alternative place of safety shall be proposed on a voluntary basis.” This seems to suggest that the agreed relocation mechanism can be “broken” by a voluntary, alternative offer of a PoS by any member state, which is not justifiable from a maritime and humanitarian point of view. All rescued persons have to be disembarked “without any delay”, meaning in the closest PoS.

The Declaration continues stating that: “Persons rescued by stateowned vessels shall be disembarked in the territory of their flag State.” The criteria for disembarkation cannot be the flag of the ship but the identification of a suitable PoS, in accordance to the guidelines outlining its definition. This approach is dangerous as it justifies disembarkation in Libya by Libyan Coast Guard (LYCG) assets or in other countries that do not qualify as PoS, in breach of maritime and human rights law

5. Integration of merchant vessels

The temporary relocation agreement should not only consider people rescued by NGO vessels but also include those rescued by merchant and state vessels as well as refugee boats that arrive on their own. If swift disembarkation was guaranteed in every rescue case, this would impede further cases of non-assistance and illegal push-backs of rescued people to Libya.

6. Integration of Municipalities

The EU member states should not continue to ignore and block the receptiveness of their populations. Until October 2019, more than 100 cities across Europe, including in Germany, Spain, and Italy, have declared themselves as “Safe Harbors” or have directly declared their ports open to receive rescued people, stating that they would accept more individuals than officially allocated. A relocation agreement should allow endorsement and commitments from cities and civil society organisations. For that, it is absolutely necessary to design a new, fasttrack, tangible and practical reception and relocation scheme at the European level. Any viable reform of the EU asylum and migration system will have to include the communal perspective on migration and the municipal level of government.

7. Sanction mechanism for non-adhering countries.

Point 3 of the agreement foresees the calling on the other EU and the Schengen Member States to participate in this mechanism. It should be possible only with a sanction mechanism for non-adhering countries.

8. Debunking the “pull factor” argument

Point 6 of the agreement put under discussion the presence of a rescue’s mechanism as a pull factor. “Reconfirm that this temporary mechanism should not open new irregular pathways to European shores and shall avoid the creation of new pull factors”. Several studies put in evidence that there is no correlation between the presence of NGOs in the Mediterranean Sea and departures from the Libyan coasts. The most recent analysis of ISPI (Institute for International Political Studies) disproves the pull factor theory to be related to the presence of NGOs in the Mediterranean Sea. In fact, also when the presence of the NGO ships was low, the arrivals on the Italian coasts by boat from Libya or Tunisia were high. https://www.ispionline.it/it/pubblicazione/fact-checking-migrazioni-2018-20415

People mostly leave because of bad and dangerous living conditions in their Countries of Origin and they are willing to face the risks of crossing the sea. Rescue assets are not the cause of migration and are there to rather cure the symptoms.
The first part of paragraph 95 also provides indications for the position of the vessels. Please note that the AIS (automated information system) is mandatory for commercial ships and passenger ships making international journeys with a gross weight of more than 300 tonnes, as predicted by the IMO as early as 2004. The clarification of its use, therefore, seems superfluous since the named vessels are required to have it operational. The document stresses “not to send light signals or any other form of communication to facilitate the departure and embarkation of vessels carrying migrants from African shores”. Such statements have no empirical basis and are not related to any official document but take up statements and allegations that have circulated through the media.

9. Review engagement with and support to the so-called Libyan Coast Guard

The point 9 of the agreement foresees to do not “obstruct the Search and Rescue operations by official Coast Guard vessels, including the Libyan Coast Guard, and to provide for specific measures to safeguard the security of migrants and operators”.

Since the most recent agreement among Italy and Libyan Governments6, the role of the so-called Libyan Coast Guard was often moot. Several investigations put in evidence the unclear composition of the LYCG staff and their real intentions.

The latest report of UNSMIL (United Nations Support Mission in Libya) expresses “serious concerns continue with regard to the transfer of migrants rescued or intercepted at sea by the Libyan Coast Guard to unofficial detention centres in Khums. Hundreds of rescued migrants who were reported to have been sent to detention centres were later listed as missing, and it is believed that they may have been trafficked or sold to smugglers, while others disappeared on their way to nearby Suq al-Khamis.” https://unsmil.unmissions.org/sites/default/files/sg_report_on_unsmil_s_2019_628e.pdf

The article below outlines how, conversely to the implications in the Joint Declaration, several NGOs’ operations have been hindered by interventions of the so-called LYCG.The sources show how as of today a competent RCC is hardly identifiable in Libya due to the lack of substantial basic requirements outlined in the SAR-Conventions. Moreover, the so-called LYCG is not able to cover a SAR area of the present dimension, thus rendering any cooperation impossible. Some single rare occasions show evidence of appropriate operative measures for preserving life at sea. Any cooperation of NGOs with the so-called LYCG is only possible if the safety of life at sea is guaranteed under all circumstances, in that respect the signatory NGOs refrain from engaging in any type of coordination and cooperation that leads to facilitating illegal pushbacks to Libya. http://www.vita.it/it/article/2017/11/08/mediterraneo-tutti-gli-attacchi-della-guardia-costiera-libica-al- le-ong/145042/

10. Safe and legal routes as priority in the cooperation with third countries

Point 12 of the Declaration stresses to “Continue and deepen our cooperation with countries of origin and transit to fight illegal migration, migrant smuggling networks, and related criminal activity and human trafficking, and to enhance incentives for returns”. There is no reference to the necessary creation of safe and legal routes for migration, also as the first measure to counter trafficking of human beings. Priority should be given to the evacuation of Libya through the immediate creation of humanitarian corridors.

Any funding directed at facilitating push-backs, arbitrary and unlimited detention and human rights violations must be suspended. Cooperation with third countries and related funding should be subjected to oversight by human rights monitoring bodies and to an accountability system. Point 14 of the Declaration sets a commitment “to enhancing the capacities of coast guards of southern Mediterranean third countries and to encouraging UNHCR and IOM to support disembarkation modalities in full respect of human rights in those countries.” It must be clear that it is not the presence of UN agencies that defines a Place of Safety. A Place of Safety must be selected exclusively based on the criteria set by maritime law and taking into consideration the applicable human rights framework. The concluding remark “In full respect of human rights in those countries” de facto excludes all North African countries at the present stage as to guarantee the safety and protection of the people disembarked as a result of rescue operations in the Central Mediterranean Sea.

11. Review rules of engagement of aerial surveillance and complement with naval assets

Point 13 of the Declaration calls for “Enhanc(ing) EU led aerial surveillance in the southern Mediterranean in order to ensure that migrant boats are detected early with a view to fight migrant smuggling networks, humantrafficking, and related criminal activity and minimizing the risk of loss of life at sea. Enhance the EU efforts being made by the competent authorities in this regard and calls on the Member States to allocate assets and resources to any such aerial operations”. Aerial surveillance has proven to be insufficient to prevent loss of life at sea. We call for resuming the presence of naval assets within the recently extended EUNAVFORMED operation. In light of a clear gap in rescue capacity, EU Member States should consider including EU naval assets with a dedicated SAR mandate. This would not only prevent loss of life at sea but would as well avoid overburdening other military assets in the Mediterranean Sea with tasks they’re not prepared for.For what concerns aerial missions specifically, rules of engagement should be reviewed as to not facilitate illegal push-backs and prevent people to reach Europe at all costs. We have witnessed unjustifiable delays in interventions on distress cases as a result of insisting on delegating the responsibility to the Libyan authorities, also when not responsive. An accessible accountability system should be put in place to ensure transparency of aerial operations and respect of the applicable maritime and human rights legal framework when it comes to boats in distress at sea.

***
Proposals:

The text has a sixmonthly value, during this period the measures prepared will be tested. Ahead of its ratification and the involvement of other European countries, it asks whether:

  • The discussion has been planned for the development of alternative European government instruments for rescue at sea, to prevent insecure journeys in which thousands of people die.7 It is thought, for example, that the resettlement system developed by the UNHCR was strengthened directly from Libya to Italy.8 Or to the system of humanitarian corridors which since 2015, under Article 25 of EC Regulation 810/2009, which grants Schengen countries the opportunity to issue humanitarian visas valid for their territory.
  • The action of the Sofia mission, renewed until 2020, with the introduction of naval and not only air and non-aircraft resources, will be increased.

 

1 On 21 August 2019, the disembarkation of 83 rescued persons from the Open Arms took place a er 19 days. The Ocean Viking of SOS MEDITER-RANEE also had to wait 14 days for a safe harbour and disembarked 365 rescued people on 23 August 2019
2 Art.98 UNCLOS, SAR Convention 1979, Annex, Chapter 1, Para 1.3.2
3 Recommended by the International Maritime Organization (IMO) – Reso-lution MSC.167(78), Guidelines on the treatment of persons rescued at sea, points 6.3, 6.20
4 In July 2018, the German Minister of the Interior announced that Germa-ny would accept 565 people rescued from distress at sea. Of these, only 225 people have been relocated so far. A er the Malta Summit, Seehofer stressed that the relocation quota depends on how many EU member states will accede to the agreement on 8 October 2019 in Luxembourg.
5 Require all vessels engaged in rescue operations, in particular, to comply with instructions given by the competent Rescue Coordination Centre, not to turn off on-board transponders, automated information system (AIS) not to send light signals or any other form of communication to facilitate the departure and embarkation of vessels carrying migrants from African shores.
6 Drafted and signed in Rome on 2 February 2017 in two original copies, each in Arabic and Italian.http://www.governo.it/sites/governo.it/files/Libia.pdf
7 According to United Nations High Commissioner for Refugees (UNHCR), from 1 January to 3 October 2019, 1,041 people lost their lives trying to cross the Mediterranean.
8 As a result of this evacuation, the UNHCR helped 1,474 vulnerable refugees leave Libya in 2019, of which 710 were accompanied to Niger, 393 to Italy and 371 who were resettled to other countries in Europe and Canada.

News (EN)

De-Confiscation of all Rescue Ships NOW

In light of today’s meeting in Malta where five EU interior ministers convene to discuss a relocation quota for migrants rescued in the Mediterranean, we issue this collective statement to demand the immediate release of all NGO rescue ships:

The EU border regime blocks all safe legal passages and forces refugees and migrants to move on hidden routes and travel on unseaworthy boats. Shame on you.

The EU is unwilling to organise a proper sea-rescue program for those affected by their policies. Instead, illegal push/pull-back collaboration between aerial assets of the EU and Libyan forces is a daily practice. Shame on you.

When individuals and organisations from the civil society intervene to rescue lives at sea, the EU and its member states criminalise them. While people are dying and drowning, the EU and its member states keep life-saving rescue ships confiscated. Shame on you.

We demand:

— Immediate de-confiscation of all civil rescue ships in Italy!

— Immediate end to the EU collaboration with Libyan forces!

— No continued efforts to criminalise sea rescue!

— Open harbours in Italy and Malta, immediate disembarkation after rescue!

— Quick relocation and distribution of refugees and migrants according to their wished destination countries and particularly in collaboration with solidarity and sanctuary cities all over Europe!

Sea Watch, Mediterranea Saving Humans, Welcome to Europe-Italy, Borderline-Europe, INURA, Ajuntament de Barcelona-Global Justice Department and WatchTheMed Alarm Phone

News (EN)

The survivors rescued by “Alex” denounce Libyan crimes against humanity. Europe? Complicit

We still remember the faces and the stories of the 59 people we have rescued on the 4th of July with the sailboat Alex & Co.
We remember their dignity, their courage, the extraordinary strength they had in those long 50 hours when the governments had abandoned us, them and us, without assigning us a safe harbor even though we had 70 people on a boat of just 18 meters, with the bathrooms out of order, with no water in the tanks, with few food supplies.
We remember how conscious those women and those boys were about the violence they had suffered. In their own words: “better an entire life on this boat with you than a minute longer in Libya”; we remember the numbers they had written on their dresses, children are included: they were all marked. We remember their terrified faces when the patrol boat donated by Italy to the Libyans chased us and then approached us, and they still feared we would have returned them back to a life of torture.
And we also remember, still full of indignation, the orders of the Italian Maritime Rescue Coordination Center, informed of that raft in distress, which told us we should have reported the rescued migrants to the Libyans. And, as we have always done, we refused.
On July 6 we entered with our sailing boat “Alex” the port of Lampedusa, declaring the state of emergency, violating the Italian Safety Decree Bis. By doing so, we were following the human rights law, the law of the sea and the Italian Constitution.
The people we have brought to safety are today witnesses of an investigation into the crimes of torture, rape, murder, perpetrated in Libya by jailers who are now in custody in Italy and that our fellow travelers have been able to recognize. They can now tell, being finally heard, of the electrocutions on their bodies, of the beatings, of the killings, of the group violence on women, of a system defined by the public prosecutor of Agrigento (Sicily) as a “crime against humanity”.
Justice and truth are now re-emerging thanks to the exceptional courage of those who cross the Mediterranean Sea, fleeing the horrors of Libya, to regain dignity as a human beings, putting at risk their own lives, and in small part thanks to the ships that had the privilege to find these people.
But this is only the beginning of a longer process, which must go up the chain of institutional responsibilities with respect to the very serious and repeated violations that for years have marked the Mediterranean.
The torturers, already recognized as such and being investigated, acted beneath Libyan government centers. Those centers directly funded by Italy and the EU. The ‘circular’ system of capture, extortion, throwing into the sea, re-capture at sea, torture again, extortion again and so on, functions thanks to the memorandum of understanding signed by the Italian government with Libya in February 2017. The so-called Libyan coast guard patrol boats are Italian boats and are guided by the European Union’s airplanes, when they intercept and bring back the migrants in the hands of those criminals.
The accomplices of this crime against humanity are in Europe, and have institutional political functions.
The agreements with Libya should be torn up immediately, and it will be too late anyways, because history has already spoken. Meanwhile, we will return to the sea, as we have been doing since October 4, 2018, to rescue as many children, women and men we can from death and torture.

Alessandra Sciurba

News (EN)

Seven days of violations, omissions and abuses: Mediterranea’s complaint to the Public Prosecutor’s Office

On 4 September 2019 we filed a complaint with the Court of Agrigento, Sicily and with the Public Prosecutor of Rome.
The first 30 pages offer a detailed reconstruction of all the events that took place since the dawn of August 28, when our ship rescued 98 people, including 22 small children, at risk of death on an overcrowded raft, until the early hours of September 3, when our commander and our shipowner were absurdly notified with the administrative seizure of the Mare Jonio and a fine of 300,000 euros for violating the ban to entry into Italian territorial waters, despite having formally been authorized by the competent authorities.

The list of violations and abuses committed in this case is long, and it is certainly not due to our crew. It is an ethical duty to fully reaffirm the truth and justice with respect to what happened, and to continue to protect the rights of the people we have rescued and of our crew. Once again, we are the ones who demand that the investigations be opened, certain that we have always acted in full compliance with international laws and with our Constitution, differently than some of the top leaders of the government have done until yesterday.

We hope that the chain of institutional and personal responsibilities behind our case will be identified by the judicial authority, because, as we reported in the complaint:

we believe that (i) the management of the SAR event of 28 August 2019; (ii) the adoption of the injunction provision to access to territorial waters; and (iii) the administrative seizure of the MARE JONIO vessel and the application of a fine for the alleged violation of the ministerial warning, is marked by a series of very serious institutional omissions, and by measures taken in the absence of legal conditions and in violation of international obligations and constitutional standards, of behavior of dubious lawfulness and strongly detriment to the psycho-physical integrity, the dignity and the rights of the rescued migrants, of the crew and of all the people on board, with particular reference to:

– the attempt to repatriate 98 war refugees in Libya in serious condition of vulnerability, who were victims of repeated acts of torture and violence in the Libyan detention camps, and that included many children and pregnant women, with the awareness of exposing them, of being tortured again or even bring killed;
– the omitted coordination of the SAR event by the national authorities in charge, even though they were the first to be informed of the rescue and therefore having such legal obligation;
– failure to assign the PoS in violation of international and national obligations with regard to saving lives at sea;
– the issue of the injunction provision in the territorial waters by the competent Ministers in the absence of any preliminary investigation to ascertain the existence of the reasons of danger for the order and national security referred to in the decree n. 59/2019 converted into law n. 77 and in direct violation of international and national obligations regarding the saving of lives at sea;
– the unjustified detention of all persons on board the Mare Jonio – a ship flying Italian flag – forced to remain on the tugboat against their will for 6 days in inhuman conditions well known to the competent authorities as documented by health authorities on board and ministerial offices and by the psychiatrist, Dr. Carla Ferrari Aggradi and repeatedly communicated to the competent authorities;

– the delay in the adoption of medical evacuation measures despite the numerous reminders and reports from the on-board health notes and ministerial reports and from the psychiatric report that identified the risk, in case of continuation of the permanence on board, of acts of self-harm or violent reactions, which caused a progressive aggravation of the psycho-physical conditions of the migrants to the point of causing self-injurious behavior, anxiety, panic, sleep disturbances, food refusal and hunger strikes;
– the omission of a reference point within the territorial waters, in temporary derogation from the inhibition, to guarantee the safety of all persons on board the Mare Jonio against the weather alert issued by the competent Authorities;
– the omitted, timely adoption by the competent Authorities of the necessary measures to protect the health and safety of all persons on board to contain the risk of a health emergency and the spread of community diseases, despite having been repeatedly informed of the precarious hygienic conditions of the Mare Jonio due to the dysfunction of the water desalination plant, and the consequent absence of running water, and the risk of spreading diseases due to the impossibility of guaranteeing proper personal hygiene;
– having, as a consequence of the conduct referred to above, subjected the survivors rescued by the Mare Jonio to inhuman and degrading treatment, strongly damaging their dignity as persons and their fundamental rights, contributing to aggravate the psycho-physical stress conditions to the point to cause self-injurious, depressive reactions, refusal of food, anxiety and panic;
– the adoption of the administrative seizure order of the Mare Jonio and of the pecuniary sanction for violation of the art. 12 paragraph 6 bis of Legislative Decree n. 286/1998, despite the authorization for entry into territorial waters issued by the competent Port Authorities.

We have asked the Public Prosecutor’s Office to proceed with ascertaining all the details of the offenses attributable to these conduct, in order to prosecute and punish the author by law. It is an act of justice that goes beyond the events that directly saw us as primary actors. Restoring the rule of law in the Mediterranean also means fighting power abuse even on land.

News (EN)

Mare Jonio: confiscation and fine of 300.000€. Absurd and inhuman application of Security Decree Bis

At 8:40PM on September 2, shortly after disembarking the last 31 shipwreck survivors still aboard the Mare Jonio, our ship entered Italian waters, after being authorized by the Maritime Authority to start the procedure to enter the harbour in Lampedusa.

Strangely enough, that same day, late at night, our captain and our shipowner were notified of the administrative seizure of the Mare Jonio, as well as of a 300,000 euro fine for violating the Security Degree Bis. One last blow from those who could not accept that a story of humanity and justice had come to a rightful happy ending.

If landing a last blow was their intention, those who have commited this last gratuitous and tasteless act of cruelty will still have to accept their failure. In our eyes, as in those of the country, the Mar Jonio will still be the children’s ship, the ship that arrived just in time, the ship that rescued 98 people from dying at sea. These people’s strength, their smile, their future is what counts for us.

We will go back where our work is needed, as we did each time, and the situation we are experiencing is so obviously, painfully paradoxical it almost causes us to feel pity for those who put us in this position. Those who have decided to stop the Mare Jonio once more will have to bear the weight of responsibility — one among many — of keeping a ship out of sea for days or weeks, unable to rescue those who are risking their lives, right now.

Children’s lives, like the ones we rescued and welcomed with a hug, will weigh heavily on his conscience — ours, on the other hand, is safe in the knowledge that what we did was worth it all along.
Mediterranea Saving Humans has saved 237 lives in 2019. Our ship has become a symbol for the “other” Italy, for the part of the country that is not afraid, for those who won’t be fooled and who managed, despite everything, to keep an open heart and soul, remembering that it is not by denying the value of every single life that you will obtain more rights for all.

You either save everyone, yourself included, or nobody.

News (EN)

We have warned the authorities against violating more laws

With an email at 11.28 this morning we have once again asked the Italian MCC for a Place of Safety and a port to disembark, detailing again the extremely vulnerable psychological and physical conditions of the people on board, who had traumatic experiences both in their countries of origin and in Libya. Their conditions were then worsened by witnessing the death of six of their traveling companions, as well as by the uncertainty of their current situation, and by the “inhumane and degrading treatment” they are suffering at the moment, in their state of suspended rights.

In our email, we have reminded the authorities of the very recent decision taken by the judge for preliminary investigations of Agrigento in relation to the episode involving the Open Arms vessel. In that decision, the judge reiterated that: “on the basis of the UNCLOS, SOLAS, and SAR international conventions, from which the detailed IMO guidelines were derived“, and subsequently collectively grouped into the directive SOP 009/2015, the coordination of rescue operations is the responsibility “of the first State that is notified of the presence of people in danger at sea until the moment the RCC responsible for that area assumes responsibility” (penal proceeding n. 3609/19 RGGIP).
In our case, this is Italy.

We have also reminded the authorities that “the obligation to rescue lives at sea constitutes a duty for all States and it supercedes any norms and bilateral agreements created to fight illegal immigration“. Our Constitution clearly states that international law prevails over the Security Decree that is currently keeping us out of the Italian national waters.

Judiciary authorities have already opened penal proceedings in relation to the Open Arms case, which was denied a safe port to disembark.

Once again, we strongly demand that the Italian authorities stop violating laws and human rights, and that, after months of illegal and gratuitously cruel actions, they grant people and rights the respect they are due, obeying the law. Should this not happen, we are ready to report this to the relevant authorities.

And now, let them disembark.

News (EN)

The Mare Jonio asks to enter the port under risk of medical and hygienic emergency aboard

This morning at 9AM, the medical staff aboard the Mare Jonio got in touch with the relevant authorities to make an urgent request, once again, for authorization for the ship to enter the harbour, due to high risk on board for health and hygiene conditions.

The lack of water suitable for hygienic use and for other basic necessities on board is particularly worrying, and it has been ongoing for over 40 hours now. The authorities were already notified of this issue, early yesterday morning.

We would like to point out that this kind of emergency cannot be helped by simply sending bottled water to the vessel.

The presence of waste on the ship (such as clothing soaked in petrol and ejections) as a result of the rescue, and of the rescued individuals’ protracted stay on the ship, is also a cause for alarm. The already high risk of disease spreading aboard the ship is exacerbated by the lack of water, resulting in possible health issues for both the people rescued and the ship’s crew.

News (EN)

Eventually all children, pregnant women and the weakest rescued people were let disembark. Now 34 people are remaining on board, tossed by high waves. Let us all disembark.

After repeated requests we made starting this early morning, finally the Italian port authorities have decided to transfer the most vulnerable shipwreck survivors from Mare Jonio to a Coast Guard patrol boat to bring them ashore: they are pregnant women, mothers with children, unaccompanied minors.

We are happy for them and grateful to the men and women of the Coast Guard and to the doctors of the health personnel who diligently carried out that transshipment in such adverse marine weather conditions, as we are saying from this morning.
It would have certainly been safer doing it in a safe port or a sheltered point, protected from this extremely rough sea.
Now 34 people remain on board, including single women, men in precarious conditions as a result of abuse and torture, and in a state of post-traumatic stress.

We strongly ask that all these survivors, as well as our crew, to disembark as soon as possible: the situation remains unsafe on board. On top of the high wave motion, which is sickening all of us on board, we had a default of the evaporator and the desalination system, so that we are now out of any running water: taps aren’t working, kitchen and bathroom are unusable, and we only have bottled water. These people can’t wait their health conditions to worsen to be allowed to disembark.

Let them land, let us disembark. Everyone.

News (EN)

The Minister of the Interior blocks the ship of children at 13 miles from Lampedusa

At 6 a.m. this morning the Mare Jonio has arrived at the limit of territorial waters, South of Lampedusa.

Last night at 11:37 p.m., the decree of the Minister of the Interior was notified, forbidding us to enter. This morning, at 7 a.m., the patrol CP312 of the Coast Guard flanked the Mare Jonio to get two officers of the Finance Guard on board, who notified us the decree.

Attaching a medical report, we requested assistance to the MRCC (Maritime Coordination Centre) and to the port authorities, for the conditions of the 99 people rescued, in particular pregnant women and children. Still no answer to our repeated requests for POS (Place of Safety, safe port) made to the authorities of our flag.

We are sharing the information about this situation with our brothers and sisters on board: we are all on the same ship. For us, the rescue will be completed only when everyone will be on the ground, cured and assisted.

Until then, we are with them, they are with us.

13 nautical miles South of Lampedusa.
From the Mare Jonio, Mediterranea Saving Humans.