Off Libya, has Europe changed its position?
(B2) The whole Open Arms affair may appear at first glance as a simple episode of a rescue operation at sea which was a little arduous, with mutual incomprehension (read: Open Arms Sea Relief Operation. Have all the rules been followed?). But behind this event is a real change in the European position.
Has the EU changed its position?
Officially, no. Actually, yes. We asked the question at the midday briefing on Tuesday March 20. Which caused a fairly long 'blank'. Then a long consultation between the various spokespersons concerned to result in no official position being taken. In fact, the European position is that of… Italy. In several official meetings, Europeans welcomed the Italian position, particularly in its agreements with Libya, and supported it. And this even appears in the conclusions of the European Council (1).
What does the Italian code of conduct say?
The Europeans highlight the code of conduct, imposed this summer 2017 by the Italians on NGOs to continue to be authorized to save migrants in the Mediterranean. Proactiva Open Arms was one of the first NGOs to agree to sign this code. It stipulates the ban on entering Libyan territorial waters, not cutting off ferries or making light signals, not making transshipments except in emergency situations, not obstructing the operations of the Libyan coast guard, receive judicial police officers on board, declare your sources of financing, etc. (read : The code of conduct for rescue in the Mediterranean Sea)
Who decided on the receivership? Who is he really?
The sequestration of the boat was decided by the prosecutor of Catania (Sicily), Carmelo Zuccaro, who had been at the origin of accusations of complicity in migrant smuggling targeting NGOs in 2017. Which had caused, in particular, parliamentary commissions of inquiry. They then concluded that there was no evidence. On the other hand, in a tense political atmosphere in Italy, this led to the development of a code of conduct, a sort of virtuous screen vis-à-vis public opinion. (read : NGOs complicit in smugglers in the Mediterranean: the file that caused pschitt?)
Conclusion: a tactical and political change
The European authorities are somewhat surfing with the truth. They don't quite say everything for a simple reason.
A silent operational tool
Even if the European Union has two operations, which are hierarchically attached to it, in the area: the EUNAVFOR Med operation (Sophia) and the Frontex operation Themis (aka Triton), it does not really have control over the situation. operational. On the other hand, and above all, it shares, more or less explicitly, the Italian idea of containing migrants. The objective is, at the same time, to keep migrants in Libya on land, to prevent them from taking to the sea, if possible, and otherwise to recover them as quickly as possible.
The end of the principle of automatic repatriation to Italy
The Italians, who since 2015 had tacitly extended their relief zone and the coordination of relief to the limit of Libyan territorial waters, no longer want to do so, and have no more desire than to others do it. The repatriation to Italy of shipwrecked people recovered in the Italian rescue zone (or off the coast of it), which was the principle until now, is no longer the rule. Repatriation will follow the rules in force at the international level: that is to say the nearest, safest port (in terms of reception of shipwrecked persons) or the port of the flag state or another port of a country ready to welcome refugees.
Welcoming refugees is no longer desired
The very principle of welcoming the right to asylum is discreetly undermined. Italy, for lack of more expressive European solidarity, no longer wants to take responsibility for welcoming refugees and migrants alone. This is also the meaning of the modification of the operation plan (OpPlan) of the Frontex operation in the area, — Operation Triton being renamed Thémis for the occasion. According to the information that came back to us, the area was redefined, further north (therefore less close to the Libyan coast), and further east (towards Albania). The entire relief operation is thus annihilated.
(NGV)
(1) Notably on October 19, 2017 when the EU “ recalls the importance of cooperating with the Libyan authorities and all of Libya's neighbors in order to strengthen border management capacities ". Read : Migrations: the 28 want to prioritize Africa