We, the civil society organisations involved in Search and Rescue (SAR) in the Central Mediterranean, express our deepest concern at the latest attempt by a European government to hamper assistance to people in distress at sea.

The new Decree-Law, signed by the Italian President on 2 January 2023, will reduce maritime rescue capabilities and make the Central Mediterranean, one of the world's deadliest migration routes, even more dangerous. The decree is ostensibly aimed at civil rescue NGOs, but the real price will be paid by people fleeing across the central Mediterranean in dangerous situations.

Since 2014, civil rescue vessels have filled the gap left by the European states' deliberate suspension of their SAR operations. NGOs have played an essential role in filling this gap and preventing further loss of life at sea by systematically complying with existing legislation. Despite this, EU member states - led by Italy - have for years sought to obstruct civilian search and rescue operations through defamation, administrative initiatives and the criminalisation of NGOs and activists.

Despite the already comprehensive legal framework for SAR activities, i.e. the United Nations Convention on the Law of the Sea (UNCLOS) and the International Convention on Maritime Search and Rescue (SAR Convention), the Italian government has introduced yet another set of rules for civilian SAR vessels that hinder rescue operations and further endanger people in danger at sea.

Among other things, the Italian government is requiring civilian SAR vessels to return to Italy immediately after each rescue. This would further delay rescues, as ships usually carry out several rescues over the course of several days.

Requiring NGOs to sail immediately to a port when other people are in distress at sea is contrary to the master's duty to render immediate assistance to persons in distress, as enshrined in UNCLOS. This element of the decree is exacerbated by the Italian government's recent policy of assigning more frequent 'distant ports', which are up to four days sailing away from the vessel's last position.

Both provisions are designed to keep SAR vessels out of the relief area for longer periods of time, reducing their ability to assist people in distress. NGOs are already stretched by the lack of government SAR operations, and the reduced presence of SAR vessels will inevitably lead to more shipwrecks.

Another issue raised by the regulation is the obligation to collect data on board rescue vessels from survivors who express their intention to seek international protection, and to share this information with the authorities. It is the duty of states to initiate this process and a private vessel is not the place to do so. As the UN Refugee Agency (UNHCR) recently clarified, asylum claims should only be processed on land, after disembarkation in a safe place, and only after immediate needs have been met.

Overall, the Italian Decree-Law contradicts international maritime law, human rights and European law and should therefore provoke a strong reaction from the European Commission, the European Parliament, Member States and European institutions.

We, civil organisations involved in SAR operations in the Central Mediterranean, urge the Italian government to immediately withdraw the decree law that has just been issued. We also call on all members of the Italian Parliament to oppose the decree and prevent it from becoming law.

We do not need another political framework to hamper SAR rescue operations, but we do need EU Member States to ensure that civilian SAR actors can operate, finally respecting existing international and maritime laws.

Signatories organisations

• EMERGENCY
• Iuventa Crew
• Mare Liberum
• Médecins Sans Frontières (MSF)
• MEDITERRANEA Saving Humans
• MISSION LIFELINE
• Open Arms
• r42-sailtraining
• ResQ – People Saving People
• RESQSHIP
• Salvamento Marítimo Humanitario
• SARAH-SEENOTRETTUNG
• Sea Punks
• Sea-Eye
• Sea-Watch
• SOS Humanity
• United4Rescue
• Watch the Med – Alarm Phone

Co-signatories organisations

• Borderline-Europe,
• Menschenrechte ohne Grenzen e.V.
• Human Rights at Sea