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Resolution 2229 (2018)
International obligations of Council of Europe member States to protect life at sea
1. The Parliamentary Assembly recalls
its Resolution 1872 (2012) “Lives
lost in the Mediterranean Sea: who is responsible?”, Resolution 1999 (2014) “The
‘left-to-die boat’: actions and reactions”, Resolution 2000 (2014) on the large-scale
arrival of mixed migratory flows on Italian shores, Resolution 2050 (2015) “The human
tragedy in the Mediterranean: immediate action needed”, Resolution 2072 (2015) “After
Dublin – the urgent need for a real European asylum system” and Resolution 2088 (2016) “The
Mediterranean Sea: a front door to irregular migration”. The Assembly
is alarmed by the fact that coastal member States are refusing entry to
their ports to foreign vessels that have passengers rescued at sea
on board.
2. The Assembly is appalled by the high numbers of asylum seekers
who have lost their lives in the Mediterranean Sea while trying
desperately to reach Europe on makeshift boats. It calls on member
States to respect their international obligations and co-ordinate
their efforts to protect human life at sea.
3. Saving lives at sea, and on land, is a moral as well as legal
obligation for member States, as set out in legal provisions which
serve to regulate the implementation of the fundamental duty to
respect human rights, including the right to life. The Assembly
calls on member States to duly take account of this duty in all
their action.
4. While emphasising that European States are not directly responsible
for causing today’s substantial migration flows, the Assembly points
out that the closure of borders puts asylum seekers in even more
life-threatening situations, as journeys become longer and the routes
are more dangerous. The European Union’s increasing focus on border
security, and its increasing demands on partner countries to enforce
this security, do not comply with the obligation to respect human
rights and dignity above all.
5. In the light of the need to fulfil their obligations to save
lives at sea, the Parliamentary Assembly calls on the Council of
Europe member States to:
5.1. establish
clear geographical responsibilities for international search and
rescue operations at sea and disembarkation under the International
Convention on Maritime Search and Rescue, for instance in the framework
of the International Maritime Organization or through bilateral
or multilateral agreements;
5.2. allow commercial and non-governmental ships to enter ports
of coastal States, and assist those ships in their rescue operations;
5.3. separate rescue operations carried out by member States
from subsequent applications for asylum by those rescued at sea,
as both imply distinct obligations of member States;
5.4. support countries along Europe’s borders by making more
efficient use of mechanisms to share costs, resources and infrastructure
devoted to migration management;
5.5. sign and ratify, if they have not yet done so, the 2004
amendments to the International Convention on Maritime Search and
Rescue as well as the Protocol against the Smuggling of Migrants by
Land, Sea and Air to the United Nations Convention against Transnational
Organized Crime.
6. The Assembly calls on the European Union member States to:
6.1. lead the way in working to finally
ensure fair and regular resettlement programmes, in accordance with Resolution 2072 (2015);
6.2. continue the fight against human smuggling and trafficking
in order to reduce the risks involved in long sea journeys by enabling
migrants to travel in satisfactory conditions;
6.3. ensure that the missions of the European Border and Coast
Guard Agency (Frontex) can effectively assist in search and rescue
operations;
6.4. uphold international standards for the protection of life
at sea in devising and implementing common action.