On Monday 1 July, the European Union Agency for Fundamental Rights (FRA) published an update of its report on search and rescue (SAR) operations and fundamental rights.
This report aims to strengthen SAR capabilities at sea and support NGOs in protecting the rights of migrants and asylum seekers. It analyses legal proceedings brought by EU Member States against civil society organisations deploying SAR vessels and aircraft in the Mediterranean or against crew members, from 2018 to the end of May 2024.
NGOs play a crucial role in complementing the efforts of governments in SAR operations, which are governed by international conventions such as the 1974 Convention for the Safety of Life at Sea and the 1985 SAR Convention.
However, since 2018, several EU countries have stepped up administrative and criminal proceedings against NGOs and their crew members. In 2023-2024, these measures were concentrated mainly in the Mediterranean region.
The report indicates that at the end of May 2024, 17 vessels and 3 aircraft were still being deployed by NGOs to reduce the loss of human life, although eight of these ships were undergoing maintenance.
Of the 45 vessels and aircraft deployed since 2014, the majority have been the subject of legal proceedings, either for technical irregularities or for alleged breaches of national laws. Since 2017, 81 administrative or criminal proceedings have been initiated by Germany, Italy, Malta, the Netherlands and Spain, mainly affecting SAR vessels.
Legal proceedings and administrative measures, such as the seizure of ships and fines, have a dissuasive effect on the activities of NGOs.
In May 2024, the Italian Civil Aviation Authority banned five NGO aircraft from taking off from Sicily to carry out SAR operations. In addition, new laws in Italy impose strict constraints on SAR vessels, limiting their ability to carry out successive rescues.
FRA aims to demonstrate the need to strengthen SAR capabilities while respecting fundamental rights. It calls for better coordination between EU Member States and NGOs to ensure effective and humanitarian rescue operations.
The report: https://aeur.eu/f/cx6 (Original version in French by Nithya Paquiry)