The Charter of Naples and

1. The Charter of Naples and the Role of Public and Private Entities in the Mediterranean Migration Crisis Ohrid, 6 October 2015 Dr Maria Chiara Noto Dr Giorgia Bevilacqua mariachiara.noto@unipr.itgiorgiabevilacqua@libero.it

2. Overview • PART I • The Charter of Naples • The Role of public Entities… • (Dr. Giorgia Bevilacqua) • PART II • … and Private Entities in the Mediterranean Migration Crisis • (Dr. Maria Chiara Noto)

3. PART I- The Charter of Naples WHY? MARSAFENET and the JMCE Migrants intend to engage in dialogue and exchange with public and private stakeholders

4. Migration in the Mediterranean Sea: A Comprehensive Approach • 4 questionnaires on a) maritime surveillance and b) protection and saving of migrantslives at sea • Public entities • Private entities, such Law Firms in the maritime field, and Shipping Companies • 3. International organizations • 4. NGOs

5. Migration in the Mediterranean Sea: A Comprehensive Approach • OBJECTIVES 1. To gain data from the practice 2. To evaluate feasible solutions “The CHARTER of NAPLES: The Way Forward to Deal with Migration in the Mediterranean Sea”

6. The CHARTER of NAPLES and afterwards PROPOSAL RESPONSE • “To reassess border control operations in view of the current massive phenomenon of irregular migration in the Mediterranean sea”

7. The CHARTER of NAPLES and afterwards The Charter of Naples proposal A Military operation response The Union shall conduct a military crisis management operation contributing to the disruption of the business model of human smuggling and trafficking networks in the Southern Central Mediterranean • “… In particular: • a) the EU should promote a credible SAR operation […] • b) Frontex should effectively fulfill its dual role […]

8. The CHARTER of NAPLES and afterwards PROPOSAL RESPONSE • “To encourage the adoption of international provisions including clear criteria to determine the PLACE OF SAFETYto disembark migrants, in order to guarantee effective protection of human rights, primarily compliance with the principle of non-refoulement, and a more equitable hosting burden among EU States”

9. The CHARTER of NAPLES and afterwards PROPOSAL SCENARIO At international level: = vague criteria and non binding obligation At EU Level: = art. 10 REG. 656/2014 • “To encourage the adoption of international provisions including clear criteria to determine the place of safety to disembark migrants, in order to guarantee […] a MORE EQUITABLE HOSTING BURDEN AMONG EU STATES”

10. PART IIThe Role Played by Private Entities in the Mediterranean Migration Crisis • Dr Maria Chiara Noto

11. SHORT TERM SCIENTIFIC MISSION • 1. Promoting scientific collaboration between the institutions participating in the MARSAFENET COST Action. • Contributing to the scientific objectives of the COST Action. • For Early Stage Researchers. • 4. Small grants help to cover the participant’s travel and subsistence costs during the STSM. 

12. PRIVATE SHIPPING SECTOR NGOs SHIPPING COMPANIES IS INVOLVED 1. Rapid Increase in Migrant Traffic 2. Difficulties to Patrol Wide Areas of Sea DUE TO

13. Private Initiatives MOAS • FUNCTIONS • Conducting search operations; • Monitoring ships in distress; • communicating with the appropriate State authorities; • Taking migrants aboard until the Coast Guard arrive. SEA WATCH

14. COMMERCIAL VESSELS DUTY TO PROVIDE ASSISTANCE (CUSTOMARY OBLIGATION) Every State must require the master of a ship flying its flag to render assistance to anyone at sea in danger of being lost, in so far as he can do so without serious danger to his ship or the persons on board. LEGAL FRAMEWORK Art. 98 UNCLOS Art. 2.1.1 SAR Convention Art. 10 a SOLAS Convention Art. 10,1 Salvage Convention

15. DATA Augusta Offshore 62 rescue operations 40,000 migrants rescued

16. ECONOMIC CONSEGUENCES • Each Operation costs more then € 50,000: • FUEL; • CLEANING THE VESSEL; • RESUPPLYING IT. • Insurance covers only part of the extra costs. • 1989 International Convention on Salvage provides for equitable remuneration for acts of assistance, • BUT • WHO PAY?

17. SAFETY AND SECURITY ISSUES • Risk of casualties during the rescue operations; • Terrorist threat; • Tensions between individuals belonging to different ethnic groups; • Spread of illness.

18. (main) LEGAL ISSUES The ship-marster is not competent to determine the refugee status, where he should disembark the persons rescued? The disembarkation of those rescued has been implemented by private vessels while respecting the human rights and refugee law.

19. Accountability of non-State actors • Private entities • exercise elements of governmental authority; • act on the instructions of requesting State; • or under the direction and control of the requesting State. It may be appropriate to attribute the conduct of private vessels to the requesting State.

20. CONCLUSION • It is difficult finding feasible solutions without involving relevant stakeholders. • 2. The Charter of Naples has been a useful instrument for institutions, but it needs further implementation. • Several questions remain unresolved e.g., how to implement the duty to assist, or which are the standards to identify PROMPTLYa place of safety. • Private vessels will probably reroute their journeys to avoid migrants’ routes.

21. Thanks for YOUR attention!