UN says migrants’ return to Libya by Italian boat could be illegal

Federica Mogherini (C), High Representative of the European Union for Foreign Affairs and Security Policy, arrives to Mitiga International Airport prior to her departure, in Tripoli, Libya, 14 July 2018. [Sringer/EPA/EFE]

A rescue operation in which an Italian towboat rescued more than 100 migrants and returned them to Libya earlier this week may have been in breach of international law, the United Nations said on Tuesday (31 July).

A spokesman for the UN migration agency said it could not establish the location of the rescue, which is key to establishing migrants’ rights, although some other parties involved in the case have made contradictory assertions about the incident including where it took place.

The rescue coincides with a growing perception among human rights groups that some European countries are taking an increasingly hard line in their efforts to cut the number of migrants arriving on their shores, after Italy’s new government closed its ports to charities’ rescue boats in past weeks.

According to Spanish charity Proactiva Open Arms, an Italian towboat, Asso 28, rescued 108 migrants from international waters on Monday and took them to Libya, their country of departure.

This would constitute a breach of international law, under which people rescued in international waters cannot be returned to a place where their lives are put in danger. Both the United Nations and European Union have acknowledged that Libya is not safe.

Italy’s coast guard initially said on Tuesday that the rescue was coordinated by the Libyan coast guard, and later clarified that the operation had taken place in Libya’s so-called “search and rescue (SAR)” area.

The Libyan coast guard was not immediately available for a comment.

Libya’s SAR is not clearly defined but is widely understood to extend far beyond its national waters.

Proactiva spokeswoman Laura Lanuza said its members learnt the rescue occurred in international waters because their boat Open Arms was nearby and they could listen to radio communications between the Italian ship and the Libyan authorities.

The UN refugee agency said the operation “could represent a violation of international law,” it said on Twitter.

A spokesman for the UN migration agency said the agency was still investigating the case but confirmed the return of the migrants to Libya.

He said the Libyans first told him the rescue operation was carried out by “an unknown vessel”, then changed their version and said the rescuing boat was Libyan.

The head of mission at Open Arms, Fabrizio Gatti, contradicted the Libyan version and said a member of the Asso 28 crew told him over the phone the Italian boat carried out the rescue and was taking the migrants back to Libya. He said he had a record of the conversation.

Asso 28 is now docked in Tripoli, the Libyan capital, according to Marine Traffic, a real-time information service on ships movements.

Charities are at loggerheads with the new Italian government and its right-wing home affairs minister Matteo Salvini who has adopted a hard line to cut the number of migrants arriving on Italy’s shores.

German NGO Sea-Watch also condemned “the first pushback by an Italian vessel for years,” on Twitter.

In 2012, the European Court of Human Rights ruled that Italy violated human rights by sending migrants intercepted at sea back to Libya in 2009.

The court said the practice violated international obligations to not return individuals to countries where they could be at risk of human rights abuses.

Salvini praises Libya

As NGOs expressed their dismay over the latest boat controversy, Italy’s far-right interior minister Matteo Salvini, who has closed the country’s ports to migrant rescue ships, praised the Libyan authorities.

“Over the last hours the Libyan coastguard has saved and brought back 611 immigrants to Libya. NGOs protest and traffickers lose their business? Well, we carry on with our work”, he tweeted.

However, the speaker of Italy’s lower house, Roberto Fico, who belongs to the Five Star Movement that governs in a coalition with Salvini’s League, appeared to disagree with sending migrants back to Libya.

“Libya is not a safe place… it is clear that you cannot leave migrants there,” Fico said as he met with protesters denouncing the sale of Italian boats to Libya’s coastguard on Monday.

Several commercial ships that have tried to take rescued migrants to Italy — as was standard procedure under the former centre-left government — have found themselves blocked by Salvini’s policy and stranded for days at sea searching for a port where they can disembark.

UN denounces EU cooperation with Libya to stem migrant flow as 'inhuman'

The European Union’s policy of helping the Libyan authorities intercept migrants trying to cross the Mediterranean and return them to “horrific” prisons in Libya is “inhuman”, the United Nations said on Tuesday (14 November).

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