Rules to prevent further loss of migrants’ lives off EU coasts
Draft rules to clarify how border guards serving in Frontex-coordinated maritime operations should deal with migrants intercepted or rescued at sea and where they should land them were approved by the Civil Liberties Committee on Monday. These rules should help to save lives, by removing confusion due to EU member states’ differing interpretations of international law. MEPs also inserted clauses to ensure that migrants’ rights are better protected.
"The European Parliament has taken a step to respond to critics of Frontex operations by strengthening respect for the priority of saving lives. I hope that the Council will have the same priority and arrive swiftly at an agreement with Parliament to allow this regulation to take effect", said rapporteur Carlos Coelho (EPP, PT).
The draft EU regulation clarifies rules on the interception or rescue at sea of migrants and where they should be landed. These EU rules should remove confusion created by EU member states’ divergent interpretations of international law and practices. It should also improve the efficiency of Frontex-coordinated sea operations and help member states fulfil their duty to render assistance to persons in distress.
The new rules should make it easier to ensure that border guards comply with all international obligations to render assistance to any ship or person in distress at sea.
Protecting fundamental rights
MEPs inserted provisions to improve certainty as to the law with regard to respecting fundamental rights, including compliance with the “non-refoulement” principle, which says that individuals 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.
Landing migrants in third countries
Border guards who consider landing intercepted or rescued people in a third country, would have to "assess their personal circumstances", including their medical condition and international protection needs, "before a decision is made". Migrants would have the right to be informed where they are to be landed and be entitled to state their reasons for not wishing to be landed there.
Rescuing people in distress should not be a crime
"No measures, including criminal procedures and sanctions, should be taken, deterring ship masters from rendering assistance to persons in distress at sea", MEPs added.
Solidarity and responsibility-sharing tools
MEPs reiterate that member states facing migratory pressure can activate several solidarity tools (including human, technical and financial resources) in the event of a sudden influx of asylum seekers. They also propose establishing an operational office in the Mediterranean to improve coordination among member states and "ensure solidarity and responsibility-sharing”.
Cooperation with third countries
Cooperation with neighbouring third countries is crucial to prevent unauthorised border crossings, counter cross-border criminality and make search and rescue operations more efficient, MEPs say. In this context too, migrants’ rights should be fully respected, they add.
Source: European Parliament
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