Wednesday, 16 April 2014

EU MEPs want no migrants "pushbacks" at sea

The European Parliament in Strasbourg approved search and rescue rules to prevent deaths at open water. New rules to enter to force before the summer

source: European Parliament
by Emanuele Bonini

Stop to "pushbacks" at sea or punishment of migrant rescuers, according to new search and rescue rules to prevent deaths at sea approved today by the European Parliament. The draft regulation - approved by 528 votes to 46, with 88 abstentions - makes clear that the rules on search and rescue operations and the disembarkation of migrants will only cover operations that are coordinated by Frontex, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. This should help to dispel confusion created by EU member states’ differing interpretations of international law and practices. MEPs tightened up the text to ensure compliance with the “non-refoulement” principle, which says that individuals must not be returned to any country where there is a risk of persecution, torture or other serious harm. In line with this principle "pushback" operations on the high seas will be forbidden. Border guards may only «warn and order» the vessel not to enter in the territorial waters of a member state. MEPs have also established that «the shipmaster and 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». The regulation, already informally agreed by Parliament and Council negotiators, should enter into force before this summer.
«These new rules will enable Frontex to respond more effectively and to prevent deaths at sea, thus reconciling our need to ensure security with our duty to protect human rights», said rapporteur Carlos Coelho (EPP). According to EU Commissioner for Home Affairs, Cecilia Malmström, «today's vote is an important step towards enhancing the effects of sea border surveillance operations and to improve coordination in search and rescue situations that may arise during such operations». The new regulation, she added, «strengthens the protection of fundamental rights, including the application of the principle of non-refoulement in case of disembarkation in a third country».

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