The humanitarian boat “Ocean Viking” with 234 migrants on board has not yet been able to dock in a European port, but will finally be welcomed in Toulon (Var). The ship is at the heart of a disagreement between Paris and Rome. What are the obligations of European States in this regard?
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France will finally welcome in the military port of Toulon theocean viking, this was announced by the Minister of the Interior on Thursday 10 November. The NGO SOS Méditerranée boat has been stuck at sea for about twenty days and is carrying 234 survivors of the waters on board. The Minister of the Interior nevertheless considers that“yet there is no doubt under international law and the law of the sea that it was up to Italy to designate a safe port to receive this boat“. The day before, government spokesman Olivier Véran interviewed on franceinfo had much the same speech, believing that the boat should be “welcomed by Italy”. France accuses Rome of not respecting its European commitments. Franceinfo takes stock of the rules on the rescue and reception of migrants in the Mediterranean by European countries.
1What are the rules in the event of a shipwreck?
This is not the first time that migrants have been stranded in the Mediterranean on humanitarian ships. However, there are many rules in this area. First of all, the basic principle is fixed by maritime law: anyone in danger at sea must be rescued, that’s indisputable. Therefore, any boat captain who is aware of a distress situation must provide assistance. This principle is reaffirmed in a whole series of international conventions.
Another obligation, coastal States must create rescue and research centers at sea and collaborate to provide relief. More than a hundred States have thus signed the convention on maritime search and rescue, known as the SAR convention. This convention creates SAR zones, ie geographical search and rescue areas, each managed by a State.
2Once the people have been rescued, how is disembarkation organised?
The rule is that when a ship intervenes in a SAR zone managed by a State, it must first ask that State to be able to disembark in a safe place and within a reasonable time. Concretely, if SOS Méditerranée saves shipwrecked people in the area managed by Malta, it is then in Malta that the NGO must ask to be able to dock. The problem is that some countries do not respond to these requests. In the case of theocean viking, with no response from Malta and faced with the emergency, the NGO therefore had to extend its appeal to find a port of reception. The rule is to contact the country that has the closest search area. The NGO therefore made a request to Italy but it did not respond either.
3What are the European commitments?
France is therefore right to say that Italy has not honored its commitments. Malta and Italy have not respected maritime law and the various conventions, and this is not the first time because in reality it is a thorny subject within the European Union. The so-called “first entry” countries, such as Malta or Italy, believe they are overwhelmed by the influx of migrants and therefore refuse to welcome these boats.
In June 2022, a majority of Member States had agreed on the principle of a solidarity pact. To put it simply, the Mediterranean countries welcome the boats in their ports and the other European States then undertake to take on a share of asylum seekers or at least help the host countries financially.