We publish the translation of the press release of the UN High Commissioner for Human Rights.

The UN High Commissioner for Human Rights, Volker Türk, on Thursday expressed grave concern about proposed Italian legislation that could hamper the provision of search and rescue (SAR) services by humanitarian organisations in the central Mediterranean, leading to more deaths at sea.

We all watch with horror the conditions of people crossing the Mediterranean and we all want to put an end to this suffering. But this is the wrong way to deal with a humanitarian crisis,' said Türk. If this law is passed, more people in need will be forced to suffer and more lives will be at risk of being lost due to the lack of timely assistance.

The law would effectively punish both migrants and those who try to help them. This criminalisation of humanitarian action is likely to discourage the vital work of human rights and humanitarian organisations," the High Commissioner added.

The bill - which was approved yesterday by the Chamber of Deputies of the Italian Parliament and is expected to be considered by the Senate next week - also requires humanitarian vessels to return to port immediately after each rescue and to refrain from further action, even if they are in the immediate vicinity of people in distress. In the past, SAR vessels have carried out several rescues in the space of a few days. At the same time, Italy has recently designated distant ports of disembarkation for people rescued at sea - sometimes days away from the SAR location - making multiple rescues even more difficult for the ships that could carry them out.

Volker Türk, source: Wikipedia

Under international law, the captain has a duty to render immediate assistance to people in distress at sea, and states must protect the right to life,' said Türk. But under this new proposal, a SAR vessel would be obliged to ignore distress calls from people at sea simply because it has already saved other lives.

Türk added: 'People stranded at sea would be forced to endure a prolonged dangerous situation and risk losing their lives. Those who survive would face further delays in accessing adequate medical care and rehabilitation, including for victims of torture, sexual violence and other human rights violations.

The High Commissioner said the proposed law also risks increasing interceptions and returns to Libya - a place that cannot be considered a safe haven, according to the UN Human Rights Office.

The bill requires crews on board ships to register the identity of any person seeking international protection. NGOs that do not comply with the new rules will be subject to administrative sanctions, fines and the seizure of the vessel.

The High Commissioner urged the Italian Government to withdraw the proposed law and to consult civil society actors, in particular search and rescue NGOs, to ensure that any proposed law is fully consistent with international human rights law, international refugee law and other applicable legal frameworks, including the UN Convention on the Law of the Sea and the International Convention on Search and Rescue at Sea.

GENEVA, 16 February 2023