Malta pressured to disembark migrants stranded on oil tanker for more than a month

International organisations, including the UNHCR, say the government is in breach of international law by denying disembarkation to 27 migrants who were rescued by a commercial vessel more than a month ago

Maersk Etienne tanker picked up the migrants on 5 August after being alerted by Sea-Watch
Maersk Etienne tanker picked up the migrants on 5 August after being alerted by Sea-Watch

Humanitarian organisations have called for the 27 migrants onboard the Danish flagged oil tanker, Maersk Etienne, to be immediately disembarked.

The migrants include one child and a pregnant woman, and have now been on board the ship for more than one month.

The Maersk Etienne tanker picked up the migrants on 5 August after being alerted by Sea-Watch of the people in distress.

Both Malta and Italy have hardened their positions in the wake of the coronavirus pandemic and the increasing number of migrant departures from Libya.

Malta is refusing to allow the disembarkation of the group. Prime Minister Robert Abela yesterday insisted that the Etienne situation "is not Malta’s responsibility".

"It ships under a Danish flag and was not in our SAR area when the rescue happened, why should Malta bear the brunt?" Abela said during an interview on ONE TV.

In a video blog last Friday, the ship's captain Volodymyr Yeroshkin said the migrants were anxious to disembark and get in touch with their loved ones and family.

On Sunday, three migrants aboard the vessel jumped overboard in despair.

The statement which was backed by the International Chamber of Shipping (ICS), the UN Refugee Agency (UNHCR), and the International Organization for Migration (IOM) said that the government's refusal to allow disembarkation was in contravention of international law.

“The ship’s crew have been sharing food, water and blankets with those rescued. They are however not trained or able to provide medical assistance to those who need it. A commercial vessel is not a safe environment for these vulnerable people and they must be immediately brought to a safe port,” they said.

The ICS has also called on the International Maritime Organisation to urgently intervene and “send a clear message that States must ensure that Maritime Search and Rescue incidents are resolved in accordance with the letter and spirit of international law.”

International law and maritime conventions place clear obligations on ships and coastal States to ensure people in distress are rescued and promptly disembarked in a place of safety. The group stated that in this regard the Maersk Etienne fulfilled its responsibilities but now finds itself in a diplomatic game of pass the parcel.

“The absence of a clear, safe, and predictable disembarkation mechanism for people rescued in the Mediterranean, continues to pose an avoidable risk to life,” said IOM Director General António Vitorino.

“IOM and UNHCR have long called on states to move away from the current ad hoc approach and establish a scheme whereby coastal states take equal responsibility in providing a port of safety, followed by a show of solidarity from other EU member states,” Vitorino said. 

UN High Commissioner for Refugees, Filippo Grandi said that Maersk Etienne has fulfilled its maritime obligations and prevented further death in the Mediterranean.

“The EU and its Member States must now do their part to complete this life-saving rescue by allowing those rescued to be disembarked, and should also show some solidarity amongst states, particularly through an effective and predictable relocation mechanism.”

The group highlighted that this is the third incident this year in which a merchant's vessel has been stranded caring for people rescued at sea.

In May, the Marina was delayed for six days with some 80 rescued people on board before being able to disembark, while in July, the Talia took four days out of its scheduled journey to care for 50 people who were finally allowed to disembark in a place of safety after four days.

“This latest incident represents a significant escalation of the situation,” they said.