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Reply to Recommendation | Doc. 13680 | 28 January 2015
The “left-to-die boat”: actions and reactions
1. The Committee of Ministers welcomes Parliamentary
Assembly Recommendation
2046 (2014) on “The ‘left-to-die boat’: actions and reactions”,
which it has examined carefully, especially against the background
of recurrent tragic incidents in the past few months, and their
devastating toll on human life. The Committee of Ministers considers
that present search and rescue (SAR) efforts should continue being
strengthened in order to avoid loss of lives at sea. Moreover, measures
are to be taken to prevent irregular migration, which gives rise
to such instances in the first place. It has transmitted the recommendation
to the Steering Committee for Human Rights (CDDH), for information
and possible comments.
2. Like the Parliamentary Assembly, the Committee of Ministers
considers that it is essential to promote a common, coherent and
effective application of the legal framework on SAR policies in Europe.
3. The Committee of Ministers underlines the importance of enhancing
co-ordination and co-operation with respect to ongoing activities
in this field before initiating new ones, thus avoiding duplication
and unnecessary overlap, and also to ensure that objectives are
achieved with added value. Concerning the Assembly’s request for
a feasibility study on a common approach to fill vital legal gaps
in SAR in the Mediterranean Sea, the Committee acknowledges that
work on SAR issues is to be conducted under the aegis of the International Maritime
Organisation (IMO) and draws attention to the important role entrusted
to the European Agency for the Management of Operational Co-operation
at the External Borders (Frontex) under the comprehensive EU Regulation
No. 656/2014 of 15 May 2014 establishing rules of the surveillance
of the external sea borders in the context of operational co-operation.
It also notes the contribution by the EU’s Fundamental Rights Agency (FRA)
in this field. In addition, the Committee of Ministers would emphasise
that concrete work has and continues to be undertaken by various
organisations, notably the United Nations High Commissioner for Refugees
(UNHCR), which has implemented the comprehensive Central Mediterranean
Sea Initiative, and has held a Protection Dialogue in December 2014,
to further develop the Global Initiative for Protection at Sea.
The main aim of both initiatives is to devise concrete steps forward
– in collaboration with various key actors and States – in averting
the loss of lives at sea. The Committee of Ministers also draws
attention to the work of the International Chamber of Shipping in
this area.
4. The Committee of Ministers takes note of the Assembly’s request
for guidelines on how to implement the Hirsi
Jamaa and Others v. Italy case of the European Court
of Human Rights (ECtHR). In this context, it also takes note of
the Assembly’s initiative to tackle this issue further in a follow-up
Motion for Resolution on “The Implementation of the Hirsi judgment:
have push-backs come to an end?” the outcome of which remain to
be seen. It is aware of the far-reaching impact of this judgment
as to the applicability of the Convention to persons intercepted
outside of territorial waters (see also the Committee of Ministers
reply to Parliamentary Assembly Recommendation 2047 (2014), paras. 3 and 4).
5. The Committee of Ministers takes note of the Assembly’s proposal
of organising a thematic debate on the issues raised in the Assembly’s
recommendation and of the CDDH availability to further contribute
to the examination of these matters.