Under internationally applicable maritime law, people rescued from distress at sea must be brought to a safe port.7 A so-called “place of safety” must fulfil various conditions – for example, access to basic necessities and protection from persecution of the rescued persons must be guaranteed.8
In recent years, the Maritime Rescue Coordination Centre in Rome coordinated all rescues and assigned us and all other civilian rescue vessels at sea ports for disembarkation in southern Italy.
Since the change of government in Italy in mid-2018, rescue vessels were initially assigned ports with delays, and then for a period received no port assignments at all. The “Malta Declaration” adopted in September 2019 by Germany, France, Malta and Italy proposed a voluntary mechanism intended to contribute to the swift and reliable assignment of a place of safety.9
Nevertheless, it still takes days to weeks – as in the case of the merchant vessel Maersk Etienne10 – before vessels carrying people rescued from distress at sea are permitted to disembark at a European port. During this time, the governments of European member states negotiate which country will take in how many people through a so-called “relocation” procedure. As long as the intake quotas have not been determined, survivors must continue to wait on board the ships.
Reports from people rescued from distress at sea also show that they sometimes have to wait for months without further information for their transfer to their “receiving country,” and, for example in Germany, are quickly faced with rejection notices and the threat of deportation.11 Our demand for “safe ports” that are genuinely “safe” and offer people a prospect of remaining therefore continues to go unmet.
7 SAR Convention of 1979, Annex, Chapter 1, 1.3.2.
8 Further specification of a “place of safety” can be found in IMO Resolution MSC.167(78), adopted by the Maritime Safety Committee in 2004: https://wwwcdn.imo.org/localresources/en/OurWork/Facilitation/Documents/MSC.167%20(78).pdf
9 Joint Declaration of Intent on a Controlled Emergency Procedure – Voluntary Commitments by Member States for a Predictable Temporary Solidarity Mechanism, 23.09.2019, https://download.repubblica.it/pdf/2019/politica/joint-declaration.pdf (last accessed 09.02.2021).
10 https://www.theguardian.com/world/2020/sep/13/migrants-land-in-sicily-after-longest-standoff-in-european-maritime-history (last accessed 09.02.2021).
11 https://eu-relocation-watch.info/