Map showing status of search and rescue ships and aircraft in Mediterranean as of end-June 2023
FRA
11
October
2023

June 2023 update - Search and rescue operations in the Mediterranean and fundamental rights

Since October 2018, FRA has been publishing regular updates on NGO ships involved in search and rescue (SAR) operations in the Mediterranean, and the status of legal proceedings against them. This latest update covers until the end of June 2023.

Assisting people in distress at sea is a duty of all states and shipmasters under international law. Core provisions on search and rescue (SAR) at sea are set out in the 1974 International Convention for the Safety of Life at Sea (SOLAS), the 1979 International Convention on Maritime Search and Rescue (SAR Convention), and the 1982 UN Convention on the Law of the Sea (UNCLOS). In general, the shipmaster of any vessel (both private and government) has an obligation to render assistance to those in distress at sea without regard to their nationality, status, or the circumstances in which they are found. A rescue operation terminates only when survivors are delivered to a ‘place of safety’, which should be determined taking into account the particular circumstances of the case, as specified by the 2004 amendments to the SAR Convention adopted by the International Maritime Organisation (IMO), to which only one Mediterranean EU Member State, Malta, did not adhere.

The IMO Guidelines on the treatment of persons rescued at sea further specify that a ‘place of safety’ is “a place where the survivors’ safety is no longer threatened and where their basic human needs (such as food, shelter and medical needs) can be met”. The Appendix to the guidelines recalls the prohibition of refoulement. Disembarkation where the lives of refugees and asylum seekers could be at risk of persecution, torture or other serious harm must thus be avoided.

The 2022 Joint Statement on Place of Safety by UN entities and the 2018 UN Global Compact for Safe, Orderly and Regular Migration (Objective 8) reaffirmed these basic rules and principles.

For maritime border surveillance operations coordinated by the European Border and Coast Guard Agency (Frontex), the EU Sea Borders Regulation (Regulation (EU) No. 656/2014) incorporates the obligation to render assistance at sea and to rapidly identify a place of safety where rescued people can be disembarked in compliance with fundamental rights and the principle of non-refoulement. This prohibits disembarkation of rescued persons in a country where there is a risk of torture or ill-treatment, irrespective of any request for asylum by the rescued individuals.

The duty to fully respect the right to life (Article 2 of the EU Charter of Fundamental Rights and the European Convention on Human Rights) and to save lives at sea rests primarily on EU Member States. These core obligations cannot be circumvented under any circumstances, including for considerations of external border control.

The European Commission Recommendation (EU) 2020/1365 on cooperation among Member States concerning SAR operations carried out by private vessels encouraged Member States to ensure rapid disembarkation in a place of safety, where the fundamental rights of rescued people are guaranteed, in conformity with the EU Charter and the principle of non-refoulement.

In August 2022, in the Sea Watch case (Joined Cases C-14/21 and C-15/21) the Court of Justice of the EU clarified that the port state may inspect SAR ships of humanitarian organisations and may seize such vessels, but only in the event of a clear risk to safety, health or the environment.