On November 2nd 2019, the Memorandum of Understanding signed in 2017 by the Italian Prime Minister Gentiloni and the Head of the Tripoli Government, Al Sarraj, will be extended for three years, if the Government does not intervene.
.
According to the agreement, Italy will continue to provide support, through substantial funding and resources deployment, to the Libyan Coast Guard and detention centres in Libya.
According to the agreement, Italy will continue to provide support, through substantial funding and resources deployment, to the Libyan Coast Guard and detention centres in Libya.
.
However, the widespread corruption, connivance and leaks at various institutional levels of persons who are subject to United Nations Security Council sanctions, for crimes against humanity, exclude the possibility that there are conditions to renew the agreement with the Government of Tripoli, hostage and accomplice of the militias, traffickers of human beings as well as local organized crime.
However, the widespread corruption, connivance and leaks at various institutional levels of persons who are subject to United Nations Security Council sanctions, for crimes against humanity, exclude the possibility that there are conditions to renew the agreement with the Government of Tripoli, hostage and accomplice of the militias, traffickers of human beings as well as local organized crime.
.
The support provided to the Libyan Coast Guard results in the fact that the Italian Government usually avoids intervening in the rescue of migrants at sea, in violation of specific legal obligations. The Italian Maritime Rescue Coordination Centre (MRCC) almost never takes over the coordination of the SAR operations, giving instruction to refer only to the Libyan authorities when a vessel in distress is reported. This is a serious violation of the SAR Convention, which imposes that the coordination is taken over by the MRCC receiving the alert until the competent authority takes it over.
The support provided to the Libyan Coast Guard results in the fact that the Italian Government usually avoids intervening in the rescue of migrants at sea, in violation of specific legal obligations. The Italian Maritime Rescue Coordination Centre (MRCC) almost never takes over the coordination of the SAR operations, giving instruction to refer only to the Libyan authorities when a vessel in distress is reported. This is a serious violation of the SAR Convention, which imposes that the coordination is taken over by the MRCC receiving the alert until the competent authority takes it over.
.
On the 9th October the situation has worsen, as the Government of Al Sarraj has presented a unilateral amendment, substantially altering the Memorandum. The amendment establishes that only Libyan authorities coordinate rescue operations in the extremely large area of international waters unilaterally declared as the SAR area of Libyan competence, as well as tightening controls over the vessels of humanitarian organizations involved in search and rescue operations.
On the 9th October the situation has worsen, as the Government of Al Sarraj has presented a unilateral amendment, substantially altering the Memorandum. The amendment establishes that only Libyan authorities coordinate rescue operations in the extremely large area of international waters unilaterally declared as the SAR area of Libyan competence, as well as tightening controls over the vessels of humanitarian organizations involved in search and rescue operations.
.
It should be noted that in numerous documented cases the Libyan Coast Guard has not responded to distress calls, has left persons still alive at sea or has intervened by inflicting violence on survivors or even causing fatal accidents. The most extreme cases happened on the 6th of November 2017, when more than 50 people drowned during a rescue operation and on the 20th of September 2019, when a Libyan coastguard officer shot and killed a Sudanese citizen who opposed to returning to Libya.
It should be noted that in numerous documented cases the Libyan Coast Guard has not responded to distress calls, has left persons still alive at sea or has intervened by inflicting violence on survivors or even causing fatal accidents. The most extreme cases happened on the 6th of November 2017, when more than 50 people drowned during a rescue operation and on the 20th of September 2019, when a Libyan coastguard officer shot and killed a Sudanese citizen who opposed to returning to Libya.
.
As a result of the policies adopted, the mortality rate in the Central Mediterranean route has sharply increased, and that has become the most dangerous route in the world: according to UNHCR estimates, since the beginning of 2019 to date, one out of 11 landed persons has died in the attempt to reach Europe from Libya, whereas during the same period in 2017, this rate was equal to one dead person every 40.
As a result of the policies adopted, the mortality rate in the Central Mediterranean route has sharply increased, and that has become the most dangerous route in the world: according to UNHCR estimates, since the beginning of 2019 to date, one out of 11 landed persons has died in the attempt to reach Europe from Libya, whereas during the same period in 2017, this rate was equal to one dead person every 40.
.
As of 30 September 2019, 58% of the people who left from Libya have been forced to return to the Libyan hell. Migrants intercepted at sea by the Libyan Coast Guard are imprisoned in detention centres, in inhumane conditions, undernourished, with neither medical care nor sufficient space. It is widely documented that these are not mere places of detention, but real kidnappings are carried out there for the purpose of extortion. Men, women and children are subjected to torture, rape and systematic violence by state officials and the militias that run them. In addition, some people are sold to human traffickers immediately after landing.
As of 30 September 2019, 58% of the people who left from Libya have been forced to return to the Libyan hell. Migrants intercepted at sea by the Libyan Coast Guard are imprisoned in detention centres, in inhumane conditions, undernourished, with neither medical care nor sufficient space. It is widely documented that these are not mere places of detention, but real kidnappings are carried out there for the purpose of extortion. Men, women and children are subjected to torture, rape and systematic violence by state officials and the militias that run them. In addition, some people are sold to human traffickers immediately after landing.
.
The ongoing war in Libya has further exacerbated the already tragic situation: migrants imprisoned in the detention centres die under the bombs, as happened in Tajoura, or of hunger and thirst, when centre managers flee facing the advance of the opposite faction.
The United Nations, the Council of Europe, the European Commission and even the Italian judiciary have repeatedly stated that Libya cannot in any way be considered a safe country, and therefore people who try to escape cannot be returned there. Indeed, both the International law and the Italian Constitution forbid it.
The consignments of migrants rescued at sea to the Libyan authorities and the delegation of sea rescue operations to the Libyan Coast Guard constitute de facto rejections, similar to those that have had Italy already condemned by the European Court of Human Rights in 2012.
The ongoing war in Libya has further exacerbated the already tragic situation: migrants imprisoned in the detention centres die under the bombs, as happened in Tajoura, or of hunger and thirst, when centre managers flee facing the advance of the opposite faction.
The United Nations, the Council of Europe, the European Commission and even the Italian judiciary have repeatedly stated that Libya cannot in any way be considered a safe country, and therefore people who try to escape cannot be returned there. Indeed, both the International law and the Italian Constitution forbid it.
The consignments of migrants rescued at sea to the Libyan authorities and the delegation of sea rescue operations to the Libyan Coast Guard constitute de facto rejections, similar to those that have had Italy already condemned by the European Court of Human Rights in 2012.
.
The Italian Government has repeatedly argued that the protection measures provided by the Law are being respected, relaying on the presence of international organizations such as UNHCR and IOM and NGOs in Libya. However, as also stated by some of these organizations, their presence at the time of landing in Libya and in detention centres is insufficient to guarantee not even a minimum level of protection of the human rights of migrants returned to Libya.
The Italian Government has repeatedly argued that the protection measures provided by the Law are being respected, relaying on the presence of international organizations such as UNHCR and IOM and NGOs in Libya. However, as also stated by some of these organizations, their presence at the time of landing in Libya and in detention centres is insufficient to guarantee not even a minimum level of protection of the human rights of migrants returned to Libya.
.
Italy and the entire European Union must be aware that they are implementing collective refoulement of persons fleeing war and persecution, and that at the same time they are funding the concentration camp system in Libya. All this recalls the worst pages in the history of the 20th century. In truth, the international human rights system and the refugee protection system, to whose respect States are bound, were established in order to avoid forever the return of those dramatic events.
Italy and the entire European Union must be aware that they are implementing collective refoulement of persons fleeing war and persecution, and that at the same time they are funding the concentration camp system in Libya. All this recalls the worst pages in the history of the 20th century. In truth, the international human rights system and the refugee protection system, to whose respect States are bound, were established in order to avoid forever the return of those dramatic events.
.
We believe that Italy, for its history and the principles on which its Constitution is based, cannot continue to cooperate with authorities implementing or permitting such systematic violations of human rights.
It should be also noted that the Memorandum was drawn up in violation of Article 80 of the Italian Constitution, as the Government has not been authorized by the Parliament to ratify this international treaty of a political nature.
Therefore, we strongly call on the Italian Government and Parliament to immediately cancel the 2017 Memorandum and previous agreements with the Libyan Government and not to refinance, with the exception of humanitarian operations, interventions aimed at supporting the Libyan authorities in managing and controlling migratory flows.
We believe that Italy, for its history and the principles on which its Constitution is based, cannot continue to cooperate with authorities implementing or permitting such systematic violations of human rights.
It should be also noted that the Memorandum was drawn up in violation of Article 80 of the Italian Constitution, as the Government has not been authorized by the Parliament to ratify this international treaty of a political nature.
Therefore, we strongly call on the Italian Government and Parliament to immediately cancel the 2017 Memorandum and previous agreements with the Libyan Government and not to refinance, with the exception of humanitarian operations, interventions aimed at supporting the Libyan authorities in managing and controlling migratory flows.
.
Moreover, we urge the evacuation of detention centres for migrants, providing them with the necessary assistance and protection, under the aegis of the community international.
Finally, we call for the establishment of an effective search and rescue programme at sea at both national and European level, to end interventions aimed at hampering rescues by humanitarian organisations, and that safe and legal channels for migration are established, so that that people will no longer be forced to rely on traffickers and risk their lives in an attempt to escape from Libyan hell.
Moreover, we urge the evacuation of detention centres for migrants, providing them with the necessary assistance and protection, under the aegis of the community international.
Finally, we call for the establishment of an effective search and rescue programme at sea at both national and European level, to end interventions aimed at hampering rescues by humanitarian organisations, and that safe and legal channels for migration are established, so that that people will no longer be forced to rely on traffickers and risk their lives in an attempt to escape from Libyan hell.
.
.
A BUON DIRITTO, ACLI, ACTIONAID, AMNESTY INTERNATIONAL ITALIA, ARCI, ASGI, CARITAS ITALIANA, CENTRO ASTALLI, CNCA, COMUNITA’ DI SANT’EGIDIO, COMUNITA’ PAPA GIOVANNI XXIII, EMERGENCY, FCEI, FOCUS-CASA DEI DIRITTI SOCIALI, FONDAZIONE MIGRANTES, INTERSOS, LEGAMBIENTE, MEDECINS DU MONDE MISSIONE ITALIA, MEDICI PER I DIRITTI UMANI, OXFAM ITALIA, SAVE THE CHILDREN, SENZA CONFINE e SOCIETA’ ITALIANA DI MEDICINA DELLE MIGRAZIONI
Members of Tavolo Asilo Nazionale
A BUON DIRITTO, ACLI, ACTIONAID, AMNESTY INTERNATIONAL ITALIA, ARCI, ASGI, CARITAS ITALIANA, CENTRO ASTALLI, CNCA, COMUNITA’ DI SANT’EGIDIO, COMUNITA’ PAPA GIOVANNI XXIII, EMERGENCY, FCEI, FOCUS-CASA DEI DIRITTI SOCIALI, FONDAZIONE MIGRANTES, INTERSOS, LEGAMBIENTE, MEDECINS DU MONDE MISSIONE ITALIA, MEDICI PER I DIRITTI UMANI, OXFAM ITALIA, SAVE THE CHILDREN, SENZA CONFINE e SOCIETA’ ITALIANA DI MEDICINA DELLE MIGRAZIONI
Members of Tavolo Asilo Nazionale