Can the recovery of a paying passenger who voluntarily embarked on a boat be defined as "rescue"?

(To Walter Raleigh)
21/06/19

For the avoidance of doubt, let us start by saying that we will go against the current; analyze e to tell impartially what happens does not lead to any captatio benevolentiae, but we prefer to leave to others the risk of interpreting the role of Nero by Petrolini ("Bravo! Grazie!").

The blackmailing affair of the Seawatch3, which is continuing these days off Lampedusa, leads to various considerations. No pleasant, of course. First of all there is a lot of talk, from many sides, of law of the sea: net of the reminiscences of movies from the dopolavorist cinema, raise your hand if you really know the subject and, above all, its applications in the maritime field, bearing in mind that interpretations are given of the norm which, based on a questionable variable geometry, favor points of view and considerations that, with the law have little to do and, above all, all the other obligations provided for by that law are equal. law which, incensed until a few moments before, becomes disliked already in the first paragraph below.

We say that free practice has deprived the right of meaning, so the concepts of SAR area, safe and closer port, flag of the first aid ship, are part of the equestrian aspect of an institutional circus that, not having been able to react to the circumstances as lacking in vis but rich in levantine contradictions, he preferred to haggle the problem with more savvy and above all cohesive customers, not willing to buy the Trevi Fountain from the first Totò in transit.

Right and certainties

Rescue at sea is operationally regulated by agreements and conventions which, among other things, establish the boundaries of the SAR areas; first problem: those who rattle know international law? The commander of the Seawatch3 seems apparently no, and let go, well supported, to interpretations that are right as the summer season is to the optimism of Swedish teenagers. It is also true that diplomatic elaborations also tend to appear sometimes dense with paradoxical meanings, if it is true, as is true, that Malta has taken on the responsibility of covering a large maritime extension 750 times its terrestrial area even though it has never arranged, not even in his moment of greatest pre-Napoleonic splendor, of a mediumly presentable fleet, and leaving al Good Italian Giant, the task of guaranteeing relief for a space that, in addition to Valletta, reaches Tunisia and Libya.

We expect the questions, Malta as it does? Like the famous crocodile of the nursery rhyme for children: it does not answer calls, and when it does it stops crews and passengers, an abomination for which, taken by gretesco global warming, we have not even occupied the parish churchyard. Petty considerations: Italy suffers from the continuing lack of foreign policy and strategy, which led the Minister ofInternal and not gods Foreign to relate in this regard the ally of overseas, and that leads to the search for the other famous term of comparison that is coupled with size and thickness: have fun, find it yourself, it's as easy as to find an Italian safe port for the Seawatch3.

An element that could help readers lies in the faculty granted to the air means of the interested NGOs to take off to patrol the stretch of water in front of Lampedusa by another Italic Ministry, that of Infrastructures, covered by a member of the same majority America. In fact, an irreconcilable situation has arisen between law and real contingencies, which has created an aberrant series of precedents, where the border between accidental shipwreck and artificially created risk, such as that between shipwrecked, persecuted and economic or climate migrant, has become imperceptible.

But the point is also another: because Malta bears all these responsibilities? Simple: part of the area of ​​interest of the SAR is regulated by the Chicago Convention of the 1944 on the security of civil aviation, source of conspicuous earnings, without counting fishing rights, oil exploration, as well as the Libyan fuel smuggling activities, benignly definable borderline, and carried out in their own territorial waters; this, perhaps, could explain the Maltese reluctance to reconsider the extension of the SAR zones, even if it fails to give any valid explanation about the political absence of the EU. When we say the legal certainty, eh?

Lucro and scattered organizations

The drum of pro-NGO propaganda arouses the envy of the novelistic incipits of 800, even if it identifies only in Italy the inevitable Kingdom of wickedness, attributing the status of Republic of goodness to those who openly push back migrants by preventing the access on its own territory. If it is true that stakes have been placed in the activities of ships registered in one country and flying the flag of another, it is equally true that, intentionally, other units continue to be involved in national political life, disregarding the law in force and risking their lives of passengers collected, NO landed in the first safe harbor, and in fact, often the subject of unexplained physiological developments for which an infant, collected in Libya, once arrived after 10 days in Pozzallo is high 180 cm and shaves daily, other than Baricco's twentieth century.

What is certain is that the migratory paths, thanks also to the possibilities offered by the NGO units that fraudulently sail with the transponder deactivated, they saw risks diminish and flows increased, so as to allow even notoriously Mediterranean Bengalis and Pakistani to reach Libya by air to undertake a crossing guaranteed by the intervention of relief, ready to the limit of Libyan territorial waters, they even allow you to save the necessary diesel fuel.

It can be defined relief the recovery of a paying passenger who has voluntarily embarked on a rubber boat? Practically a farce. The lack of strategy, at the international level, has left Italy at the mercy of other people's policies, including the Vatican, with the involvement of internal apparatuses such as the Coast Guard, which could do nothing else to carry out their institutional tasks, creating a distortionary effect and incentive for migration, amplified by a poorly managed and expensive reception policy. A small note on our atavistic self-harm: instead of pressing to reconsider the SAR areas, Italy has only increased, at its expense, the relevance of obligations and charges.

Let's return to the Seawatch3: these are all NGOs? No, we are also talking about ONLUS, or non-profit organizations of social utility, which include all the cooperation associations, born with 1997 regulations aimed at regulating tax exemptions, and now proliferated everywhere. No more than 6 years ago, more than 4 millions of Italians worked for these organizations; financially speaking, touching them means undermining a valuable asset like the Maltese rights to its paradoxical SAR, not to mention that private donations do not prohibit NPOs from benefiting from public funds.

We don't know if on Seawatch3 know all this: we are inclined towards an unconditional SI, an aspect that makes us consider the activity charitably naval as conniving and destabilizing, given that the business, begun on board, is perfected on the ground where human misfortunes become a tool for collecting public money.

Conclusions?

Difficult to close on an ongoing affair, and that will probably be for a long time to come. The DEFs of recent years present appalling financial data in terms of expenditure, an expense that Italy could only consider to be deducted (hairy European charity) from the overall total in terms of debt, deficit, and with a labor market unable to absorb a human capital that is often unprepared, of passage and above all refractory to remain, working, in one's own land of origin.

Social impact: potentially devastating, with public services lacking quantitatively and qualitatively, insured both for paying and entitled citizens, and for individuals who, despite never having contributed and having no recognized status, make louder and louder claims.

It is inevitable to acknowledge that the king is now naked, and that the gooders on account still raised by a left-back reshaped by the latest electoral results, which is working so hard from the croissant summer holidays Diciotti, which infinite desperation brought to the fugitive migrants, does not take into account the tiredness of a people who, not the racist of choice, is becoming exasperated by necessity.

Photo: Sea-Watch eV / EUNAVFOR MED Op. Sophia