Libya refuge for migrants? This is what Ignini ignores

Matteo Salvini would like Libya to be called a safe harbor and Europa to end his "bipolarity" and sound " hypocrisy ". "We need to change the legislation and secure the Libyan ports.There is this basic hypocrisy in Europe on the basis of which you give money to the Libyans, you provide the patrollers and train the coastguards. but then you consider Libya a dangerous port ", attacked the Minister of the Interior accusing the European Commission of having" helped the intelligences ", Before reiterating that Gaddafi 's Jamahiriya can not be said to be safe.
On hypocrisy, Salvini is not wrong since the l'; Union is limited to not berth our ships in Libya, but the idea that we can change the legislation to define the Libyan coastline sure shows that she does not know it
The research activity and rescue ships in distress at sea is actually governed by the dro it is the sea while the safe harbor issue refers to the laws on the international protection of refugees . And this division allows this hypocrisy that Salvini skillfully attacks.

Let's start from the beginning. The rescue of persons at sea is regulated by the United Nations Convention on the Law of the Sea. The article 98 obliges all coastal States to set up their own shipping service. search and rescue, defining and declaring their area of ​​international competence. The Sar Convention (from the English Search and Rescue ) then better defined the obligations in recovery activities that must guarantee the safety of the rescued.
Ships that rescue migrants must provide them with sufficient water, medical badistance and the ability to handle emergency situations and provide adequate housing in terms of space and safety for both the recovered persons and the crew
to save those who are in danger at sea is no doubt the same Unhcr that is to say , the committee of United Nations Human Rights admits that in these conventions there is no clarity on what happens after recovery and in particular about landing in a safe port. The current regulations are in fact based on the International Protection Act and in particular on the decisions taken over time by the UNHCR Executive Committee

UNHCR GUIDE

In the ad hoc guidelines established in 2002, UNHCR states that "the safety and dignity of those who have been saved and the crew must be the priority to determine the landing point ". In this case, account must be taken of the legal obligations of States under international maritime law as well as international refugee law. And this means that "the safe and humane treatment of all those saved regardless of their legal status or the circumstances in which they were saved" should be considered paramount. protection against cruel, inhuman or degrading treatment
In addition, the UNHCR, already in 2002, stressed that fight against crime – and therefore treat human beings – " can not result in the decline of the rights of asylum seekers and refugees.

During those years, Italy supported by European Union pushed for the creation of a search and rescue area Libyan . Both directly finance the construction of a new center equipped for the Coast Guard. With his own authority Sar, not only is Libya to coordinate the bailouts of his region, but the center of maritime rescue coordination of Rome can also question the interventions
Libya announced the creation of the Sar area for the first time in December 2017, then took a step back to officially reiterate it on June 28, 2018. Commissioner for Migration of the European Union [19459005DimitrisAvramopoulos commented: "The development of the capacity of the Libyan authorities to carry out search and rescue operations and to manage their Sar area effectively and in accordance with internationally recognized standards is a fundamental element of the support of the EU to Libya in the field of migration. "

MINNITE STRATEGY

The strategy is therefore still that of the former minister of Inter no Marco Minniti : to regulate the rules of intervention of NGOs – the code of conduct was approved even if softened by the European Commission – in order to discourage the initiative and support the entry on the Libyan scene. The new government Lega-M5 seems to have given directives to involve them also in international waters. It is regrettable that, in this case, UNHCR, in collaboration with the European Union in monitoring the situation of migrants, has denounced that the mechanism is likely to make the situation of the centers "explosive".
Human Rights specifically ruled that Libya is not a safe place for refugees and asylum seekers . And in fact also the court of Ragusa dealing with the case of the NGO Open Arms reiterated the concept

THE SHADOW AREA OF L & # 39; EU

The EU's song shield is with the law. As the law of the sea provides for the Sar, this Sar is. However, as international refugee law must be respected and the situation in Libya does not meet any standard, "no European ship and no European operation will land in Libya".
In this shadowy area, hypocrisy thrives. Salvini's alternative is pure cynicism: to throw at sea international standards on human rights, which fortunately, contrary to his beliefs, can not be changed.