U.S. Navy Office of Naval Intelligence Worldwide Threat to Shipping (WTS) Report 24 April - 29 May 2019 and HORN OF AFRICA/GULF OF GUINEA/ SOUTHEAST ASIA: Piracy Analysis and Warning Weekly (PAWW) Report for 23 - 29 May 2019

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"Penalties for NGO operations to rescue irregular immigrants at sea" An Answer from the EU Parliment and Why Some NGOs May Be a Problem

During last Sunday's Midrats Episode 397: Migrants, NGOs & the Mediterranean with Claude Berube, Chris Rawley, one topic of discussion was what law governs non-governmental organizations (NGOs) out there in the Mediterranean who are either "rescuing" various forms of migrants and delivering to an EU country or "seeking to prevent" said migrants from reaching EU shores.

As suggested during the discussion, the answer appears to lie with the country whose flag the "rescuer" or "preventer" ship is sailing under. It seems this question was raised in some form to an EU Parliment Commission, which rendered this advice in March 2017. Here's the question from January 2017:

Between January and December 2016, a total of 173 000 irregular immigrants reached Italy by sea, more than in the whole of 2015. The EU sea rescue operation, Triton, is considered to be acting as a powerful magnet for those attempting to migrate illegally from Libya to Italy. Irregular immigrants who have come by the central Mediterranean route are for the most part economic migrants, who are not entitled to international protection. This latter category of migrants includes Nigerians, Ivorians, Senegalese, Malians, Guineans, and Gambians.

In October last year 40% of all operations in the central Mediterranean to rescue irregular immigrants at sea were carried out by NGOs. Frontex experts say that NGO sea rescue operations take place quite close to the Libyan coast, thus tempting immigrants to set out on the perilous crossing. NGO personnel have also guided immigrants’ boats by means of light signals. Frontex has, in addition, put forward serious accusations to the effect that NGO personnel make it impossible to gather evidence about people smugglers and that they encourage immigrants to refuse to cooperate with Italian and EU authorities. In one case irregular immigrants were even brought directly from North Africa to Italy by a vessel owned by an NGO.

According to a recent report by the Austrian military intelligence service, the EU will face a wave of 15 million economic migrants from Africa within the next few years if irregular immigration to Europe is not brought under control. In order to stop irregular immigration, sea rescue operations by NGOs, given that they are fuelling migration, should be made punishable by law. Denying licences to NGOs which take part in operations to rescue irregular migrants at sea might be one way to penalise such organisations.

Will the Commission, in cooperation with Member States, take steps to ensure that penalties are imposed for NGO sea rescue operations to pick up irregular immigrants?

And here's the answer:

The Commission would like to refer the Honourable Member to its reply to the major interpellation on the cooperation between human traffickers and NGOs engaged in search and rescue in the Mediterranean that was debated during the plenary session on 16 March 2017.

The duty to render assistance to persons or vessels in distress at sea is an obligation under international law(1). International law is binding on States, who are obliged to subject shipmasters of private, commercial or military vessels to the corresponding duty to render assistance. The shipmasters of vessels of non-governmental organisations (NGO) are therefore bound to respect the same obligations of international law as shipmasters of State vessels.

European Border and Coast Guard's Risk Analysis 2017 does not constitute evidence of NGOs having cooperated or colluded with criminal smuggling networks to intentionally facilitate unauthorised entry to the EU. This shall however be seen as a reminder that close coordination between all participants in the International Convention on Maritime Search and Rescue (SAR) operations in the Mediterranean is key to the effective implementation of the existing rules and to ensure the safety of all concerned, migrants and crews alike.

The Commission has not received any official information from the competent national authorities about investigations or prosecution of NGOs involved in search and rescue activities for having cooperated with criminal smuggling networks. It is for the national authorities to assess whether the conduct of any NGO or other legal or natural person that rescue people in a concrete case can be sanctioned under EU or national law as a criminal activity.


(1) This principle is enshrined in the UN Convention on the Law of the Sea (Unclos) (Art. 98) as well as the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention on Maritime Search and Rescue (SAR). In addition, the applicable legal framework includes additional treaties related to maritime traffic, salvage and International Maritime Organisation (IMO) resolutions.

As set out here, the European Commission "is the executive of the European Union and promotes its general interest."

The European Border and Coast Guard's Risk Analysis 2017 can be found here:

A staggering 96% of newly-arrived migrants interviewed in the Central Mediterranean region stated that they had used the services of smuggling networks to illegally enter the EU. This suggests that irregular migration via Libya is entirely dependent on the services of the smuggling networks. Therefore, any activity that would disrupt or deter these groups could significantly curb the flow of irregular
migrants into the EU.
***
In 2016, the Central Mediterranean saw the highest number of migrant arrivals ever recorded from sub-Sahara, West Africa and the Horn of Africa (181 459 migrants, increase of 18% compared with 2015). This trend, which is consistent with previous year-on-year increases, shows that the Central Mediterranean has become the main route for African migrants to the EU and it is very likely to remain so for the foreseeable future.Specifically, 89% of migrants arrived from Libya, making Italy the main entrypoint to the EU. As a result, most of the EU, civilian and NGO vessels in the region focused their Search and Rescue(SAR) activities on migrant boats departing from Libya.

Important changes were observed on this migratory route in 2016. During 2015, and the first months of 2016, smuggling groups instructed migrants to make satellite phone calls to the Maritime Rescue Coordination Centre (MRCC) in Rome to initiate targeted rescues on the high seas. SAR operations were mainly undertaken by Italian law-enforcement, EUNAVFOR Med or Frontex vessels with NGO vessels involved in less than 5% of the incidents. As shown in Figure 5, more than half of all rescue operations were initiated in this manner. From June until October 2016, however, the pattern was reversed. Satellite phone calls to MRCC Rome decreased sharply to 10% and NGO rescue operations rose significantly to more than 40% of all incidents.

Since June 2016, a significant number of boats were intercepted or rescued by NGO vessels without any prior distress call and without official information as to the rescue location. NGO presence and activities close to, and occasionally within, the 12-mile Libyan territorial waters nearly doubled compared with the previous year, totalling 15 NGO assets (14 maritime and 1 aerial). In parallel, the overall number of incidents increased dramatically.

The statistical data show that the criminal networks behind illegal bordercrossings along the Central Mediterranean route continued to exploit criminal business opportunities by handling a great demand for smuggling services and thus posed formidable challenges for EU border control. Libyan-based smugglers,in particular, heavily relied on the International Convention for the Safety of Life at Sea (SOLAS), and associated SAR as well as humanitarian assistance efforts, turning it into a distinct tactical advantage. This is not a new strategy, but the scope of the problem is alarming.

In this context, it transpired that both border surveillance and SAR missions close to, or within, the 12-mile territorial waters of Libya have unintended consequences. Namely, they influence smugglers’ planning and act as a pull factor that compounds the difficulties inherent in border control and saving lives at sea. Dangerous crossings on unseaworthy and overloaded vessels were
organised with the main purpose of being detected by EUNAVFOR Med/Frontex and NGO vessels.

Apparently, all parties involved in SAR operations in the Central Mediterranean unintentionally help criminals achieve their objectives at minimum cost, strengthen their business model by increasing the chances of success. Migrants and refugees – encouraged by the stories of those who had successfully made it in the past – attempt the dangerous crossing since they are aware of and rely on humanitarian assistance to reach the EU.

So it may not be a matter of "collusion" but it sure seems like the "do-gooders" may be a bigger part of the problem than you might have thought. And, given that perhaps only a few of the "flag states" of their ships are being impacted by the wave of migrants, it seems "State control" might be a little weak. A list of these NGO ships and their flags was in the Berube and Rawly CIMSEC post THE MED MIGRANT CRISIS AND DEFEND EUROPE.

UPDATE: The EU debates of 16 March 2017 can be found here:

David Coburn, author. – Mr President, I think this is a good innovation – more like Prime Minister’s Question Time in the House of Commons, the Mother of Parliaments, so perhaps the centre of the European democracy is following the Mother of Parliaments.

Cooperation between human traffickers and NGOs engaged in search and rescue in the Mediterranean.

On 15 December 2016, the Financial Times, which I am sure you all know, published several excerpts from leaked Frontex reports that suggest a high level of cooperation between smugglers and NGOs:

- ‘…criminal networks were smuggling migrants directly on an NGO vessel’;

- ‘…clear indications before departure on the precise direction to be followed in order to reach the NGO boats’

- ‘…people rescued by NGO vessels were often “not willing to cooperate with debriefing experts at all, with some claiming that they were warned not to cooperate with Italian law enforcement or Frontex”.’

This period has also witnessed a surge in NGO activity in the region and a sharp drop in rescues in response to distress signals. Frontex suggested the latter is due to ‘NGOs cooperating closer to Libyan territorial waters’ or even the lights used by rescue boats, which the agency said acted ‘as a beam for the migrants’.

Does the Commission believe that such actions constitute cooperation with the smugglers, and if not, could it define what would?

Does it believe that such actions constitute collusion, and if not would it define what would?

Does the EU provide any financial assistance to NGOs engaged in search and rescue in the Mediterranean?

Is Frontex hiding anything we should all know about, since we are paying them? I think this place should know more.



Julian King, Member of the Commission. – Mr President, I would like to thank you for the opportunity afforded by those questions to clarify one or two issues.

First, as has been reiterated in the EU action plan against migrant smuggling, the duty to render assistance to persons or vessels in distress at sea is an obligation under international law. This is a binding obligation on states, who are obliged to ask ship masters of private, commercial or military vessels to render assistance. The ship masters vessels of nongovernmental organisations are bound by the same duties as ship masters of state vessels.

Second, it does not help to make, if I may say so, general assumptions on the role of all civil society organisations. These organisations are mostly active in support of governments and international organisations. At the same time, rules must be respected, and close coordination between all involved in search and rescue operations in the Mediterranean is obviously key to ensuring the safety of all concerned, migrants and crews alike.

Coordination of the rescue efforts is ensured primarily by the state responsible for the region where an incident is taking place. Any assisting vessel, be it private owned or state controlled, must therefore follow the instructions of the responsible Maritime Rescue Coordination Centre. So to take this example, in the case of search and rescue in the central Mediterranean region, coordination must take place with the Italian authorities.

Third, when it comes to criminalisation of migrant smuggling, we need to be clear about the existing legal framework. According to existing EU legislation, facilitation of unauthorised entry is the act of intentionally assisting a person who is not a national of a Member State to enter or transit across the territory of a Member State in breach of that Member State’s immigration laws. National authorities are the competent body to judge this. They are also competent to assess whether the conduct of any NGO, or indeed other legal or natural person, rescuing people in a specific case could amount to a form of collusion or cooperation with migrant smuggling networks.

So far the Commission has not received any official information from any Member States about investigations or prosecutions of NGOs involved in search and rescue activities in the Mediterranean for having participated in migrant smuggling.

Finally I would like to emphasise that the Commission does not provide any financial assistance to NGOs engaged in search and rescue activities in the Mediterranean. EU funding through the International Security Fund can support search and rescue operations at sea which arise during maritime border surveillance operations. These are the exclusive responsibility of public authorities, hence search and rescue operations carried out by third parties, such as NGOs, are not eligible under the Internal Security Fund for EU funding.

On Midrats 13 August 2017 - Episode 397: "Migrants, NGOs & the Mediterranean" with Claude Berube, Chris Rawley

Please join us at 5pm EDT on 13 August 2017 for Midrats Episode 397: "Migrants, NGOs & the Mediterranean" with Claude Berube, Chris Rawley

What role are Non-Governmental Organization (NGOs) playing in the ongoing crisis in the Mediterranean Sea as wave after of wave of people try to make the passage to Europe?

Are they doing good? Are they filling a gap of lawlessness caused by government inaction, or increasing the problem?

What are the motivations and goals of governments, international organizations, traditional NGOs, and new players on the scene?

To discuss these question and related issues they raised in their two part series at War On the Rocks and CIMSEC will be returning guests Claude Berube and Chris Rawley.

Join us live if you can or pick the show up later by clicking here. Or you can also pick the show up later by visiting either our iTunes page or our Stitcher page.

People Smugglers: US Coast Guard Rescues and Repatriates Migrants from Haiti

Poor and desperate people who are taken advantage of by thugs. So, the U.S. Coast Guard has to spring into action - a sad response to a failed country's mess. Reported by the Coast Guard News as "Smugglers force migrants into the sea in attempt to avoid interdiction":

The Coast Guard repatriated 43 Haitian migrants Wednesday from two separate interdictions in the Mona Passage, including a pair of migrants who had to be rescued after they were forced into the water by smugglers attempting to avoid interdiction at sea.

The Coast Guard Cutter Confidence repatriated the migrants to Haiti Wednesday.

On Friday a group of 19 migrants was detected by a Coast Guard aircraft west of Mona Island, Puerto Rico. Coast Guard Sector San Juan diverted the Coast Guard Cutter Key Largo to interdict the migrant vessel and informed federal law enforcement partner agencies.

Upon the cutter Key Largo’s arrival on scene, the smugglers, in an attempt to flee the area and avoid interdiction, allegedly threatened the migrants onboard and forced two Haitians, including a minor, overboard without life jackets. The crew of the Key Largo rescued the two Haitians and continued to pursue the suspect vessel.

During the pursuit, a patrolling U.S. Customs and Border Protection Office of Air and Marine Operations aircraft was able to maintain surveillance of the fleeing vessel until it was relieved by a Coast Guard HC-144 Maritime Patrol aircraft deployed to Puerto Rico from Coast Guard Air Station Miami.

The suspected smugglers were later apprehended by Dominican Republic law enforcement authorities.

“This incident demonstrates just how ruthless smugglers are. They have no regard for human life and are only seeking to profit from this illicit activity,” said Lt. Daniel E. Stepler, Coast Guard Cutter Key Largo commanding officer.

The other 24 Haitian migrants were interdicted four days earlier by Coast Guard Cutter Drummond approximately 13 miles west of Mona Island. Two suspected smugglers were apprehended and turned over to law enforcement authorities in Puerto Rico for further investigation.

Hanging from a yardarm might be a good idea for those smugglers. Attempted murder charges at least.

How bad is the problem? "Coast Guard Repatriates 56 Migrants to Cap Haitien, Haiti and Bahia de Cabañas, Cuba":

The Coast Guard repatriated 25 Haitian migrants to Cap Haitien, Haiti, and 31 Cuban migrants to Bahia de Cabañas, Cuba, Tuesday.

These repatriations are a result of five separate attempts to illegally migrate to the United States.

On June 9, 2014, the Coast Guard Cutter Drummond interdicted 25 Haitian migrants on a yola vessel west of Mona Island, Puerto Rico. The migrants were transferred to the Coast Guard Cutter Tahoma and then to the Coast Guard Cutter Confidence for repatriation to Haiti.
C
The following Friday, three separate interdictions totaling 31 migrants took place in the Florida Straits. The crews of Coast Guard Station Key West, Florida, Coast Guard Station Marathon, Florida, the Coast Guard Cutter Sawfish and Coast Guard Cutter Key Largo interdicted the migrants and safely removed them from their unseaworthy vessels.

All the migrants interdicted were transferred to the Coast Guard Cutters Knight Island and Confidence for repatriation.

“The Coast Guard and our partner agencies continue to diligently patrol the waters around the United States to deter illegal migrant activity,” said Capt. Mark Fedor, chief of response enforcement. “Our main concern is the safety of life at sea. When migrants put their lives in the hands of smugglers, or take to the sea aboard unseaworthy vessels, they put their lives at grave risk.”

Once aboard a Coast Guard cutter all migrants receive food, water, shelter, and basic medical attention.

Crewmembers from the Coast Guard Cutter Key Largo rescue a Haitian migrant from the water west of Mona Island, Puerto Rico, Friday. U.S. Coast Guard photo.

Maritime Crime Threat: People Smugglers at Sea

There ought to be a special level of hell for the people who engage in the sea smuggling of people for profit. Ruthless hardly covers it.

See here:

Smuggling of Migrants is a crime involving the procurement for financial or other material benefit of illegal entry of a person into a State of which that person is not a national or resident. Migrant smuggling affects almost every country in the world. It undermines the integrity of countries and communities, and costs thousands of people their lives every year.

Reuters report: "Overloaded boat sinks off Malaysia, 34 Indonesians missing, three dead":

An overloaded boat carrying suspected illegal Indonesian immigrants sank as it left Malaysia's west coast early on Wednesday, and at least three passengers drowned and 34 were missing.

The boat, whose passengers included women and children, sank at the mouth of a river shortly after midnight as it left Malaysia's Carey Island, likely bound for Indonesia's Sumatra island, officials and witnesses said.

Police said the boat lacked safety equipment such as life jackets, but that rescuers were still holding out hope of finding more survivors. The boat went down in shallow water close to shore.

"It is likely that survivors could have swum ashore and went into hiding since they have no legal documents here," said Mohammed Hambali Yaakup, head of operations in the area for the Malaysian Maritime Enforcement Agency (MMEA).

Hambali said he could not confirm reports that a people-smuggling gang had been involved with the boat. All 60 survivors have been arrested under immigration laws, he said.

This problem is not limited to Asia - as noted in this BBC report, "On Italy's immigration front line":

Record numbers of immigrants have been arriving in the country this year. Arriving from the south, from Africa. Since the start of 2013 some 10,000 have landed every month, a growing number of them picked up by the Italian navy.

When 366 people died off the Italian island of Lampedusa last October, as the boat carrying them sank, Italy decided to deploy its maritime forces to prevent more deaths. They called the operation "Mare Nostrum" - Our Sea.

It's taking a toll on the country's finances, and on its immigration centres, which are filling up at an alarming rate.

It's also putting pressure on other European countries to share the burden, but there's increasing political pressure within many of those countries to limit immigration.

Few countries could handle 10,000 new immigrants per month, especially those arriving without any useful skills or funds to set themselves up in a new location.

Too bad the home countries of these migrants are such hellholes that any escape, even in the hands of hardened criminals, seem like the best of all the bad choices available. Since it seems that so many women and children are involved, it seems even worse.