The
Government of Malta refers to the report “Lives lost in the Mediterranean Sea:
who is responsible?” published today by the Committee on Migration, Refugees
and Displaced Persons of the Parliamentary Assembly of the Council of Europe
(CoE) drafted by rapporteur Ms. Tineke Strik of the Netherlands.
The report
in question causes some confusion regarding the role of Malta’s Rescue
Co-Ordination Centre (RCC) in the tragic incident it refers to.
The Safety
of Life at Seas Convention (SOLAS) and the Search And Rescue Convention (SAR)
unequivocally lay down the international legal framework in search and rescue
operations.
In this
case it must be stressed that the ill-fated boat was never within Malta’s Search and Rescue Region (SRR) which is
controlled by Malta’s
RCC. Indeed, both positions reported by the satellite phone on board put the
boat to be very well-within the Libyan SRR on the 27th of March 2011
when the ordeal started.
Further to
this, the CoE Report clearly states that RCC Malta was not the first rescue
coordination centre to have received information about the boat in question. This
is relevant since Article 6.7 of the International Maritime Organisation’s
Guidelines on the treatment of persons rescued at sea invariably states:
When appropriate, the first RCC
contacted should immediately begin efforts to transfer the case to the RCC
responsible for the region in which the assistance is being rendered. When the
RCC responsible for the SAR region in which assistance is needed is informed
about the situation, that RCC should immediately accept responsibility for
co-ordinating the rescue efforts, since related responsibilities, including
arrangements for a place of safety for survivors, fall primarily on the
Government responsible for that region. The first RCC, however, is responsible
for co-ordinating the case until the responsible RCC or other competent
authority assumes responsibility.
It should be noted that, in the same timeframe as the above
events, RCC Malta and the Rome Maritime Rescue Co-ordination Centre were also
cooperating on a further three reports of craft carrying persons underway in
the Central Mediterranean, some of which had been reported by satellite
telephones and others which had been sighted by NATO units engaged in
operations north of Libya. In all three of these cases, all persons aboard were
accounted for.
In view of
the above, and the fact that the stricken boat remained in the Libyan Search
and Rescue Region, RCC Malta acted in support of MRCC Rome (which was the
entity co-ordinating the operation) by repeatedly attempting to contact the
satellite phone in question and trying to pinpoint the location of the boat. All
the necessary possible action which surpasses the legal obligations incumbent
upon Malta
was taken by the Maltese Authorities in this case.