In its recently-published report Malta: Waves of Impunity, Amnesty International denounces the failure of the Maltese authorities to uphold the rights of migrants present in their maritime search and rescue zone, in violation of both European and international obligations. According to the report, the Maltese government has in fact repeatedly delayed the rescue of migrants at sea, refused disembarkation, and organised pushbacks to Libya, with the sole aim of reducing the number of migrants landing on its territory.

DELAYING RESCUES AT SEA AND REFUSING DISEMBARKATION

The report explains that since the beginning of 2020 the Maltese authorities have failed to promptly respond to distress calls in Malta’s search and rescue region on multiple occasions, leaving migrants at a high risk of drowning. A notable example is when the Maltese authorities failed to respond to distress calls made by the non-governmental organisation Alarm Phone about two dinghies with more than 150 people on board. The Maltese Prime Minister rejected the allegation in a letter addressed to Amnesty International. 

In addition to not promptly responding to distress calls, since the beginning of the Covid-19 pandemic the Maltese authorities have also denied the disembarkation of migrants rescued at sea, according to Amnesty International’s report. This meant that hundreds of migrants were unlawfully detained for weeks on private vessels, which were not suitable for such purposes. The United Nations High Commissioner for Refugees and the International Organisation for Migration defined this situation as “unacceptable”.

The refusal of the Maltese authorities to allow the disembarkation of migrants also concerned the rescues coordinated and carried out by their own coastguards. According to the Maltese Prime Minister, these decisions were justified by the necessity to quarantine migrants, and by his wish to put pressure on other EU countries to take them. As of now, it would appear that this pressure has partially worked, as some of the migrants who landed on the territory of Malta were later transferred to other states, such as France and Germany. The relocation procedure has not been automatic, but it has rather been the result of negotiations and ad hoc bilateral arrangements between EU countries.

PUSHBACK TO LIBYA AND VIOLATION OF THE PRINCIPLE OF NON-REFOULEMENT

The report continues to highlight the fact that the Maltese authorities have also contributed to the pushbacks of migrants to Libya, where they have been detained by the Libyan authorities or militias. For example, on 15 April 2020, the Maltese authorities ordered the return of fifty-one migrants to Libya on a private vessel, the Dar Al Salam 1, after they had been rescued in Malta’s search and rescue zone. By orchestrating pushbacks of migrants to Libya, the Maltese government failed to respect the principle of non-refoulement, which prohibits states from returning someone to a country where their life may be threatened. This principle is enshrined in several international treaties, such as article 3.1 of the Convention against torture and article 33.1 of the Convention and protocol relating to the status of refugees. Indeed, migrants have been at risk of being malnourished, beaten, tortured, and raped in Libyan detention centres. Non-governmental organisations and United Nations’ agencies have been documenting this situation over the past decade and the International Organisation for Migration has recently reaffirmed that “Libya is not a safe port” to disembark migrants.

The Maltese authorities are far from the only ones in Europe to breach the principle of non-refoulement in their effort to reduce the number of migrants reaching their territories. In 2012 the European Court of Human Rights (ECtHR) condemned Italy for returning a group of migrants to Libya in 2009. The Court found that these actions amounted to a violation of article 3 of the European Convention on Human Rights prohibiting torture and inhuman or degrading treatment or punishment. Despite the ECtHR judgment, the Italian authorities have resumed pushbacks and signed a Memorandum of Understanding with the Libyan authorities in February 2017. This agreement, which was endorsed by the European Union, has led the Italian authorities to train and equip the Libyan coastguards in order to allow them to rescue migrants and to disembark them in Libya. The monitoring committee of the Convention Against Torture criticised the agreement for “the lack of assurances that (this) cooperation (…) would be reviewed in light of possible serious human rights violations”. Nevertheless, the agreement was renewed for three more years in February 2020. Amnesty International claimed that the renewal confirmed “Italy’s complicity in torture of migrants and refugees”. 

LACK OF ACCOUNTABILITY

With this report, Amnesty International shows clear evidence of the failure of the Maltese authorities to respect the rights of migrants at sea. Despite this failure, no investigations and proceedings have been conducted at the national or regional level. According to the report, accountability is a necessary step in order to oblige the Maltese authorities to respect the rights of migrants at sea. Otherwise, Amnesty international concludes, “the already dire predicament of refugees and migrants fleeing across the central Mediterranean could become even worse”.

Quentin is writing his dissertation about the International Criminal Court and the Darfur case as part of his Master of laws at Manchester Metropolitan University. Since his volunteering experience with migrants in Calais in 2015-2016, he has been committed to defending their rights. He is also campaigning with Oxfam and Amnesty International about human rights and environmental issues.

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