The word “castaway“Not much is used to refer to people who cross the Mediterranean with the hope of landing on European shores. Most of the time they are referred to with the general term “migrant“, Often accompanied by the adjective” clandestine “, depending on the vision one has of the migratory phenomenon. Yet it is not just a lexical question, because each word has a different legal status.
Humanitarian organizations, for example, believe people aboard the navi Ong of the castaways, who must be brought ashore without any prior identification, while the government he considers them to be “irregular” migrants, who must apply for asylum and be identified before getting off the ship. A path, the one undertaken by the Interior Ministry, which tries to entrust the management of migrants to the flag State of the ships that transport them.
International law is clear on this. The rules to follow are established in particular by the United Nations Convention on the Law of the Sea (UNCLOS) and, at European level, from Dublin Regulation. Both papers were signed by Italy.
The first provides that anyone in danger at sea should be rescued. The rescue ends only with a safe landing in the nearest port and it is a duty that must be respected by all. “Every state must require that the master of a ship fly its flag […] give assistance to anyone found at sea in dangerous conditions “, says thearticle 98while the 19 provides that “in no case may the rejection of unaccompanied foreign minors at the border be ordered”.
As for the Dublin Regulationapplied in Europe, the document establishes «the criteria and mechanisms for determining the competent Member State for the examination of a application for international protection presented in one of the Member States by a third-country national or a stateless person ‘. In a nutshell it is up to the Status of “first illegal entry” take charge of the asylum request.
Given the geographical position of Italy, it is often our country that responds to the management of migrants, despite the criterion of “first illegal entry” comes after that of the “Member State where family reunification can best take place” and that of the “Member State who has issued the applicant with a valid residence permit or entry visa ‘.