Rescue only in case of danger fines and confiscation of

Rescue only in case of danger, fines and confiscation of the ship

by Fiorenza Sarzanini

The Interior Ministry’s plan, led by Matteo Piantedosi: strengthening bilateral agreements on migration and returns. NGOs must sign a code of conduct to enter Italian waters

NGOs wishing to dock in Italian ports must prove that they have rescued boats threatened with shipwreck. Anyone not following this rule and violating the landing prohibition will be subject to an administrative penalty, which may include confiscation of the search and rescue vessel at sea. the outlines of the measure the government is considering to regulate the activities of non-governmental organizations operating off the coast of Libya.

Interior Minister Matteo Piantedosi – who was asked on Wednesday to report to Parliament on the diplomatic conflict with France – will reaffirm his willingness to proceed with an action aimed at managing migratory flows, acting in two directions: bilateral agreements with the Migrants’ countries of origin and the code for private vessels. And at this point he will explain that Italy had not issued a ban on the Ocean Viking, it was they who decided to go to France after not receiving an answer to the request for a safe port.

Bilateral Agreements

The agreements on resettlement and distribution of asylum seekers signed in Europe in recent years have never been honored. It seems unlikely that this could happen now, despite the good intentions declared by the European Commission ahead of the extraordinary meeting of home affairs ministers to be held at the end of the month. On this occasion, a formal commitment is requested to support the countries of origin of migrants with development projects supported by international organizations, the granting of economic contributions and equipment for strengthening controls both at the internal borders of Libya and with Tunisia. But as has happened too often in the past, at least for the moment and given the very high tensions between the European partners, there seems to be no way to go beyond a formal letter of commitment that does not lead to cooperation agreements in the area of ​​distribution and resettlement of foreigners .

the streams

The alternative hypothesis that we want to explore therefore involves the reactivation of these bilateral agreements signed with some countries – notably Tunisia, but also Morocco, Niger, Nigeria and other African states – to increase the number of those living in Italy regular flows can arrive in exchange for the obligation to ensure the repatriation of those who did not have the conditions to arrive. A joint action by the Ministry of the Interior and the Farnesina, which, however, must also be able to count on European funds and which has not worked so far, precisely because of a lack of the necessary resources, but also because of a lack of cooperation between those governments that are asking for an appropriate counterpart. To do this, Team Europe, the European project developed during the pandemic, could be used to intervene in emergency situations, and Italy asks that African countries also be involved in order to allocate to them 10% of the resources already allocated and then contribute other economic support.

The activities of NGOs

certainly the most controversial chapter of the plan that the Interior Ministry wants to implement. But that too was a priority. Regarding the activities of non-governmental organizations engaged in humanitarian sea rescue operations. A new code of conduct for NGOs is adopted, modeled on Marco Minniti as interior minister. To enter Italian waters it must be signed and the main rule to be observed will be to intervene only when there is a real danger to migrants. In principle, it will no longer be possible to report your position to those waiting to leave the African shores to carry out the transfer from the small boats to the NGO ships. And even in cases where the rescue of boats in distress is carried out, the procedure includes informing the authorities of the nearest country by communicating the type of intervention carried out.

fines and kidnappings

Those who do not respect the Code and this pre-rule will automatically be banned from entering territorial waters. In the event of a breach, both administrative sanctions (depending on the seriousness of the conduct) and confiscation of the vessels are foreseen. The hypotheses examined by the legal experts do not currently envisage criminal litigation, nor the instrument of decree-law, also because it would be complicated to support the necessity and urgency of an intervention. The easiest way seems to be that of a regulation, which is considered a formal obligation and automatically triggers fines for non-compliance.

November 14, 2022 (Change November 14, 2022 | 09:10)