United Nations agencies, international rights experts and humanitarian organizations are calling on states to protect refugees and migrants in distress at sea, including by strengthening Search and Rescue (SAR) operations and ensuring that rescuers are not criminalized. The call, issued on International Migrants Day on Wednesday, is prompted by the increasing number of deaths at sea.
Every year, thousands of refugees and migrants risk life-threatening journeys in desperate attempts to escape violence, persecution and poverty. Many of these travel in overcrowded, rickety and unsafe boats and face dangerous, life-threatening conditions.
These dangerous journeys - through the Mediterranean, the Adaman Sea or the Gulf of Aden, for example - are often made on unseaworthy vessels that lack essential safety equipment such as life jackets and emergency communication devices to send distress signals.
In addition, these boats are usually piloted by a refugee or migrant who is forced to maneuver without sailing skills and adequate equipment, thus exacerbating the risks and putting passengers in life-threatening situations.
With limited rescue efforts and increasing barriers, countless lives have been lost. According to the Missing Migrants Project, at least 40,972 drowning deaths have been recorded to date. The actual number of deaths at sea is feared to be much higher.
In a joint call to action on Wednesday, the UN Refugee Agency (UNHCR), the International Organization for Migration (IOM), the Office of the High Commissioner for Human Rights (OHCHR), the UN Special Rapporteurs on Trafficking in Persons and on the Human Rights of Migrants, and the Foundation for Humanitarian Action at Sea, issued an advocacy statement.
It reminds states of their international legal obligations to rescue people in distress, uphold human rights safeguards, and ensure accountability for human rights violations committed at sea.
According to the statement, a humanitarian and precautionary approach is essential to ensure the effectiveness of search and rescue operations and to uphold the fundamental obligation to render assistance to any person in distress at sea. It emphasizes the importance of preventing and responding to distress situations, while fully respecting other SAR-related principles, such as the disembarkation of persons to a safe place.
Meanwhile, limited state-led rescue operations and increasing obstructions to humanitarian rescue operations are contributing to the spread of distress at sea, leaving many people at risk of drifting, drowning or disappearing.
The statement also calls for increased SAR capacity through cooperation with the private and humanitarian sectors, and the establishment of regional arrangements to improve coordination. States are also encouraged to establish monitoring mechanisms, investigate failures to provide assistance and ensure transparency in SAR operations to better protect those at sea.
The statement emphasizes the critical importance of adopting a humanitarian and precautionary approach in identifying and responding to possible situations of distress, as enshrined in relevant law of the sea instruments and consistent with international human rights and refugee law.
Estimating the exact number of deaths at sea is difficult, but recent fatality figures underscore the urgent need for enhanced maritime monitoring, preventive measures and effective and coordinated Search and Rescue operations, in accordance with the SAR Convention and other international law standards.
The obligation to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress is enshrined in the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea and the International Convention on Maritime Search and Rescue.
A refugee is a person who, as a result of persecution, war, conflict, violence, serious violations of human rights, events seriously disturbing public order, or other reasons which have made it impossible or dangerous for him or her to remain in his or her country of origin or nationality, has been forced to leave his or her place of habitual residence and to seek refuge outside that country.
Refugees are persons who have crossed an internationally recognized border and who, owing to circumstances beyond their control, have been forced to flee their country of origin and who are in need of protection and assistance in finding safety and security in another country. Refugees are formally defined and protected by international law.
A migrant is typically a person who moves voluntarily and without force from one place to another, across borders or within a country, with the intention of establishing a new residence, either temporarily or permanently. Migration may occur for various reasons, including work, education, family reunification, escape from hunger or poverty, economic prospects, better living conditions, or a range of other purposes.
In general, migrants can return to their home countries without risk to life and freedom. However, many migrants endure unspeakable hardship and take life-threatening risks to leave their home country and reach a destination country. Some groups of migrants are in need of humanitarian assistance and protection, especially those crossing dangerous deserts and maritime routes.
The term migrant is increasingly used as an umbrella term to refer to any person who moves away from his or her usual place of residence, regardless of the reasons. UNHCR recommends that people who are refugees or likely asylum seekers should be referred to as such, and that the word migrant should not be used as an umbrella term for people crossing borders with the intention of staying in another country.
The statement says that the situation is further exacerbated by the lack of sufficient and accessible, safe and regular pathways for migrants and refugees. The threat to life and safety is acute and impacts all people traveling on dangerous sea routes, regardless of their reasons for leaving their homes and countries.
In 2000, in recognition of the large and growing number of migrants in the world, the UN General Assembly proclaimed December 18 as International Migrants Day. On this day, in 1990, the Assembly adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
Migration is a global phenomenon driven by many forces, including the quest for human dignity, security and peace. A decision to leave one's home is always an extreme one, and too often the beginning of a dangerous, sometimes deadly journey.
On International Migrants Day, the world celebrates the contributions of migrants worldwide and recognizes the increasingly complex factors driving migration and forced displacement, including war, conflict, devastating natural disasters, climate change, persecution, poverty and hunger.
Further information
Full text: Distress at sea: a call for a humanitarian and precautionary approach, joint statement, UNHCR et al., published December 18, 2024
https://www.unhcr.org/media/distress-sea-call-humanitarian-and-precautionary-approach
Website: International Organization for Migration: Missing Migrants Project
https://missingmigrants.iom.int/