Mediterranean migrants: political and legal problems
Interview with Marco Borraccetti, professor of Law
![]() |
Lampedusa Photo Credit: Noborder Network https://www.flickr.com/photos/noborder/ https://creativecommons.org/licenses/by/2.0/legalcode |
The issue is not unusual in Europe, as the number of the crossers in the Mediterranean Sea is high.
The rescue and search operation led by Italy – called Mare Nostrum – has succeeded in saving many lives, but not all of them.
The problem is not easy. First of all, there are
legal matters implied.
In a phone interview, Marco Borraccetti, professor
of Law at the University of Bologna, has tried to explain the difficult role
played by Italy, the country first involved for its central position in the
Mediterranean.
A broader
presence of migrants will determine the future chance of getting a job for the
Italian community. The migrants, therefore, may influence great part of the
young people’s lives.
How do your students react towards a re-thinking of the immigration policies?
How do your students react towards a re-thinking of the immigration policies?
Many of my students are very active for promoting
the integration. The students that are going to take their degree do not
perceive this risk, I mean the migrants stealing their jobs.
Instead, they are worried about the lack of job in general, in Italy. They decide to go abroad not for the migrants’ fault.
Instead, they are worried about the lack of job in general, in Italy. They decide to go abroad not for the migrants’ fault.
The new
European operation, called Triton, will limit the budget and even the area of
the Italian control.
How can it influence the justice towards the smugglers?
How can it influence the justice towards the smugglers?
I have some doubts regarding this matter, for two
reasons.
First of all, an activity that is essentially a control
activity of the territorial waters will determine a transfer of the migrants in
deep sea, decreasing the risk for the smugglers to be caught.
Triton is an operation with the aim to control the
sea border.
Mare Nostrum was an operation called ‘search and rescue’, hence with the aim of rescuing the people in the sea, and it has led to the arrest of many smugglers.
Mare Nostrum was an operation called ‘search and rescue’, hence with the aim of rescuing the people in the sea, and it has led to the arrest of many smugglers.
But the problem is elsewhere: there are not
international laws - apart from particular legal arrangements - by which the
smugglers caught in international waters may be brought back for a trial in
whatever country.
That is the real matter. Therefore, the smuggler, with less control in the sea, will make the transfer in international waters.
That is the real matter. Therefore, the smuggler, with less control in the sea, will make the transfer in international waters.
What may be
the obstacles for some improvements in this direction?
It is essentially a political obstacle, and a
cultural obstacle.
The British people said that, in their opinion, an operation like Mare Nostrum facilitate the illegal immigration. There could be many other precautions in these sense, that’s right, but I think there is a bigger and more important problem at the political level.
The British people said that, in their opinion, an operation like Mare Nostrum facilitate the illegal immigration. There could be many other precautions in these sense, that’s right, but I think there is a bigger and more important problem at the political level.
Regarding the cultural matter, it is strictly
related to the acceptance of the asylum seekers, and this is a different
problem.
The two issues are linked together, mainly by the
disorganization of the south regions in Italy.
Should we
solve our problems related to an internal disorganisation before introduce the
issue to the Europe?
The two processes can go together, at the same pace.
Moreover, Italy has made great progresses in the
last one/two years, as for what regards the acceptance of the asylum seekers.
The most important thing is to make the other states
understand that it is not an Italian choice to be where we actually are.
That kind of system, it is not finalized just to control the border, but to safeguard human rights and it's due to the peculiar feature of the sea. We cannot forget this aspect: there is the sea, the water, and to reject a person means to sentence him to death.
This argument is far from the reject by air or by land, for example. These two types of reject occur on the land, in quite reasonable safe conditions for the person involved. In the sea, the person dies, basically, because he risks of drowning.
That kind of system, it is not finalized just to control the border, but to safeguard human rights and it's due to the peculiar feature of the sea. We cannot forget this aspect: there is the sea, the water, and to reject a person means to sentence him to death.
This argument is far from the reject by air or by land, for example. These two types of reject occur on the land, in quite reasonable safe conditions for the person involved. In the sea, the person dies, basically, because he risks of drowning.
Comments
Post a Comment