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Recent boat sinking in the Mediterranean could be the worst in decades, highlighting the failure of EU’s migration policy and commitment to human rights

By Celia Garcia de Medina-Rosales

What happened?

On the early hours of Wednesday June 14th, an overcrowded boat departing from the Libyan Port of Tobruk capsized about 75 to 87 kilometers off the coast of Greece. The UN Migration agency estimates that up to 750 people were on board, with women and at least 70 children trapped below decks. As of June 20th, 79 passengers have been confirmed dead and have been sent to a cemetery near Athens for DNA testing, and 104 survivors are currently being treated on the southern Greek port of Kalamata. Doctors report that many arrived with hypothermia and symptoms of ‘near drowning’, a kind of pneumonia that occurs when lungs are partially filled with water. While the hope of finding more people alive is practically impossible, the chances of retrieving the bodies of those who have passed are becoming slimer given the shipwreck’s location in international waters, in one of the deepest points of the Mediterranean. The nationalities of those on board included Egyptian, Syrians, Pakistanis, Afghans, Palestinians, and Libyans. Interim migration minister Daniel Esdras said the survivors will be taken to Malakasa migrant camp nearby Athens and those whose asylum application is rejected will be ‘sent home’.

Who is responsible?

Greek authorities have announced the arrest of nine survivors under the suspicion that they belong to the smuggling network that organised the journey. According to Greek law, the nine men risk up to 20 years in prison on charges of human trafficking. Notwithstanding, the determinant actions that triggered the boat to sink remain unclear. Al Jazeera has compiled a detailed timeline of the events, which highlights how Greek and other EU officials were informed of the ship’s location as early as 10AM on Tuesday by Italy-based migrant rights activist Nawal Soufi. She received a message on Alarm Phone, a self-organised network connecting refugees with humanitarian organisations, and immediately alerted the relevant authorities at 8AM on Tuesday. Furthermore, there is evidence that the Greek authorities were aware of the situation as the coast guards themselves released aerial photographs of the ship hours before the sinking, capturing dozens of people waving their arms and asking for help. After speaking to survivors, parliamentarian Kriton Arsenis confirmed that Greek authorities had attempted to tow the boat towards Italian waters. Greek officials justified the absence of a rescue operation by claiming that migrants on board refused any assistance and wanted to reach Italy, but legal experts explained the invalidity of such argument given that it is an obligation to assist people in distress at sea. Furthermore, the fear of authorities that migrants can experience is legitimate considering the history of illegal pushbacks committed by Frontex, the European coast guard agency and national authorities. Just last month, the Greek government came under fire following the release of video footage showing the forced expulsion of potential refugees into boats and abandoning them in the Aegean sea.

EU actions and policies contribute to these ongoing tragedies across the Mediterranean

According to data published by the International Organization for Migration, 2022 was the deadliest year for people trying to reach Europe from North Africa and the Middle East. In that year alone, almost 3800 people died, the highest number recorded since 2017.

In a collective statement released on Friday June 16, NGOs such as Doctors Without Borders and Human Rights Watch contended that the European Union was “complicit in the loss of lives at sea.” Extensive research by experts on the matter demonstrates that it is the obstacles to seeking asylum through legal routes that forces asylum seekers to turn to smugglers, and results in the flourishing of such profitable business across the Mediterranean. Senior advocacy adviser at Save the Children Daniel Gorevan stated that ‘EU member states have gone to extraordinary lengths to close off all routes to children and their families seeking safety in Europe.’

This reality is illustrated in Kassem Abuzeed’s story, a Syria refugee living in Hamburg. After hearing the news about the shipwreck, he boarded a plane to Greece as he suspected that his wife Ezra was amongst the passengers. After several attempts to bring her to Germany through legal routes, he had to resort to paying $5000 to smugglers for her travel from a refugee camp in Jordan to Greece. This is despite the fact that under EU law, refugees who have been granted protection have the right to reunite with their immediate family (spouse and children) in their country of settlement.

At ACHRS, we understand that these ongoing tragedies, which have amounted to over 20 000 deaths since 2014 making the Mediterranean the most dangerous border crossing in the world, are a direct consequence of EU’s migration policy of containment. Indeed, president of the European Commission Ursula von Der Leyen twitted her condolences for this recent tragedy only a few days after she proposed €255 million border management assistance and €900 million aid packages to Tunisia in exchange for the continuity of the country’s cooperation in deterring migrants from attempting to reach Europe, as well as re-admitting rejected Tunisian and Sub-Saharan refugees. We demand a stop to these harmful agreements and for EU members states to abide by their own laws on asylum and international protection, as well as the establishment of safe passage for asylum seekers.

ACHRS sends its full support to the many incredible organisations that conduct rescue missions and work tirelessly to aid migrants, often risking attacks, intimidation and even imprisonment for simply fulfilling their humanitarian duty to provide assistance to people in distress. We stand in solidarity with the many anti-racist organisations, trade unions and thousands of protesters who have taken the streets across Greece to show their anger towards national and EU-wide hostile policies and unjust treatment of migrants. Our thoughts are with those who have lost their lives and their families mourning the loss of their loved ones as a result of European incompetence and unwillingness to respect fundamental rule of international (maritime) law, and act in accordance with its commended values of respect for human dignity and rights.

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