New Italian sea rescue law can make assistance more difficult

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Volker Türk, the head of the UN Human Rights Council, expressed grave worries on Thursday about an Italian law proposal that might make it more difficult for humanitarian search and rescue (SAR) organizations in the Central Mediterranean to provide life-saving assistance, increasing the number of maritime fatalities, a UN press release states.

Hence, the law would penalise both migrants and those who assist them. According to the High Commissioner, penalizing humanitarian measures would probably discourage human rights and humanitarian organizations from carrying out their vital work.

The proposed law, which was approved by the Italian Parliament’s Chamber of Deputies yesterday and will be considered by the Senate the following week, also calls for humanitarian rescue ships to return to port immediately after each rescue, forgoing further efforts to help those in need even if they are nearby.

SAR vessels have performed numerous rescue missions over days in the past. Additionally, Italy has designated far-off ports of disembarkation for those saved at sea, some of which are days sailing away from the original rescue site, making it more challenging for vessels that might wish to undertake numerous rescues.

The UN Human Rights Office has consistently stated that Libya cannot be regarded as a safe port of disembarkation, and the High Commissioner stated that the new law also runs the risk of increasing interceptions and returns to Libya.

The proposed law requires that every person who intends to request international protection be registered by the ship’s crew.

Non-governmental organizations that violate the new regulations face administrative penalties, fines, and the seizure of their vessel.

In order to ensure that any proposed legislation fully complies with international human rights law, international refugee law, and other applicable legal frameworks, such as the UN Convention on the Law of the Sea and the International Convention on Maritime Search and Rescue, the High Commissioner urged the Government of Italy to withdraw the proposed law and consult civil society groups, in particular search and rescue NGOs.

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