Brussels, 21/02/2014 (Agence Europe) - On Thursday 20 February, the members of the committee on civil liberties of the European Parliament agreed on binding measures for search and rescue operations and on the identification of migrants.
“'Pushbacks' on the high seas are no longer possible and we have reinforced the principle of 'non-refoulement'”, said rapporteur Carlos Coelho (EPP, Portugal) after the vote (35 votes in favour of the report, 2 votes against and 3 abstentions).
The rules adopted aim to clarify the way Frontex border guards should deal with migrants during operations at sea. These rules were the subject of an informal agreement with the Council on 11 February.
The text adopted defines “emergency phases” for search and rescue operations and places a clear duty upon units participating in Frontex operations to engage and to save lives. The rules on search and rescue operations and the disembarkation of migrants will only cover operations that are coordinated by Frontex. This should help to “dispel confusion created by EU member states' differing interpretations of international law and practices”, the EP civil liberties committee says. Last autumn, six countries of the South of the EU (France, Spain, Italy, Greece, Malta and Cyprus) blocked the text, out of concerns that it would oblige them to apply a “European law” of the sea, but these fears were lifted at the end of the year, due to the clarity which has been provided that only Frontex operations would be covered.
Under the adopted text, the “operational plan” which governs surveillance operations coordinated by Frontex should include procedures guaranteeing that “persons needing international protection, victims of trafficking in human beings, unaccompanied minors and other vulnerable persons are identified and given appropriate help”. And only “after migrants identified may possible coercive measures be taken”.
Under the compromise reached at the Council, it would be up to the country of nationality of the vessel carrying out the operation and having saved the migrant to take responsibility for him or her. The lead country of the Frontex operation and the participant countries would then have to work with the rescue coordination centre responsible in the region to identify the place where the rescued people could be “disembarked”.
As regards “non-refoulement”, migrants “must not be returned to their country of origin or any other country where there is a risk of persecution, torture or other serious harm”, the committee stipulates.
Border guards who consider landing intercepted or rescued people in a third country will have to follow certain procedures (concerning identification, personal assessment, information on the place of disembarkation, etc). Their actions will be subject to inspection.
“Even though no migrants have so far been disembarked in a third country as part of a Frontex-coordinated operation, it is still very important to lay down tough rules to ensure that, if this happens, it is done in full compliance with the 'non-refoulement' principal and respect for the fundamental rights of migrants concerned”, said rapporteur Carlos Coelho.
The MEPs and the Council also agreed on getting rid of a provision from the regulation allowing 'pushback' operations on the high seas. “The only possibility that remains is to 'warn and order' the vessel not to enter the territorial waters of a member state”, the committee continues.
Finally, the adopted text stipulates that rescuing people in distress should not be a crime. “The shipmaster and the crew should not face criminal sanctions for the sole reason of having rescued persons in distress at sea and brought them to a place of safety”. A row over this issue broke out in early October following the Lampedusa shipwreck, as under Italian law, it was an offence to assist illegal migrants. The agreement will be examined and voted on by the European Parliament at the April plenary session. (SP/transl.fl)