Malta insists it is not responsible for all migrants in its search area

timesofmalta.com - Malta insists it is not responsible for all migrants in its search area

Wednesday, 27th May 2009 - 19:31CET

Malta has again rejected a call by Amnesty International to adopt amendments to international law which would oblige it to assume responsibility for all migrants rescued within its search and rescue area.

The Maltese position was explained in a letter by Home Affairs Minister Carm Mifsud Bonnici after Amnesty wrote to him criticizing Malta for having refused migrants rescued (off Lampedusa) by the Turkish ship Pinar last month. The migrants were stranded on the ship for five days before being accepted by Italy.

The Maltese government has consistently argued that since it has not adhered to the 2004 amendments to the SAR and SOLAS convention, its international obligations are only to coordinate rescue missions, with the rescued migrants being taken to the nearest port.

Adopting the amendments would mean it would be responsible for migrants rescued all across the rescue region, stretching from Lampedusa almost to Crete. Malta however insists that in terms of the convention, before the amendments, the migrants have to be taken to the nearest safe port.

"You are surely aware that Malta, as a sovereign state, has willingly chosen not to be party to these amendments. The reason for this is simple. We consider that the framework within which operations are conducted within Malta's Search and Rescue Region serves the best interests of the persons rescued, as escorting these persons to the nearest safe port ensures that any necessary immediate assistance required on land is delivered at the earliest possible. Please bear in mind that the distance between the site of the rescue and the nearest safe port on the one hand, and Malta on the other, may be very significant.

"Surely, it is clear to all that Malta's acceptance of the 2004 amendments would directly result in rescued persons having to remain on board the rescuing vessel for considerably longer periods of time - something which, according to your correspondence, you are manifestly against. Undoubtedly, our opinion has been formed by decades of operational experience in search and rescue according to the sound framework provided by the 1979 Convention, and not merely on the interpretation of international maritime law."

In its letter Amnesty had complained about the number of days which the migrants had had to spend on the Pinar until they were accepted by Italy.

It also criticised Italy for having adopted a policy of immediately repatriating to Libya those migrants found in international waters, also criticizing Malta for backing such a policy.

"The organisation urges all government to cooperate closely in order to ensure that those rescued at sea are immediately brought to a place of safety, while fully respecting the principle of non-refoulement - not sending them to countries where they may be at risk of torture or other ill treatment, of where access to a fair and satisfactory asylum procedure is limited."

Amnesty however acknowledged the problems which states such as Malta dn Italy are facing with regard to the migrants' crossing and said steps need to be taken to ensure that solidarity between member states is enhanced "However the lack of agreement on such solidarity measures should never be used as an excuse for EU member states to implement border control policies that are violating fundamental rights of migrants, asylum seekers and refugees.

In his reply, Dr Mifsud Bonnici said Malta has been experiencing disproportionate migratory pressures since 2002.

"You are certainly also aware of the fact that Malta, in full accordance with its international obligations and the pertinent UNHCR recommendations, awards international protection to over 50% of asylum applicants. This assumes particular significance when considering that during 2008 Malta received up to 6.4 asylum applications per 1,000 inhabitants- the highest figure for any industrialised country. There is therefore no question about Malta's commitment towards its asylum obligations, even in the face of the difficulties currently being faced," he said.

He also pointed out that he had recently proposed the setting up of a joint Libya-EU-UNHCR Office in Libya with a view to enhance the asylum determination capacity in that country.

"The implementation of such a proposal would have the distinct advantage of providing asylum seekers with the opportunity to file an application without having to undergo the perilous journey on board small embarkations to southern Europe, risking their lives in the process. This would also, of course, significantly curb the activities of the smuggling networks currently thriving on the plight of those seeking to enter Europe illegally. I am confident that such a proposal also answers to the objectives of Amnesty International, and that it will enjoy your support.

"Surely your esteemed organisation cannot and should not be perceived as being in favour of such a criminal activity which has caused so much loss of life on the high seas over the past years," Dr Mifsud Bonnici said.

He noted that this was the first time that Amnesty was on record acknowledging the problems Malta faced.

"It would not be amiss to solicit pro-active proposals from your part such that the solidarity you advocate be put to practice," the minister said.