Germany’s Plans to Criminalise Sea Rescue & Humanitarian Aid Sparks Concerns

Germany’s Plans to Criminalise Sea Rescue & Humanitarian Aid Sparks Concerns

KEY TAKEAWAYS

  • Over 50 organisations have raised concerns about Germany's proposed legal amendments that intend to criminalise sea rescue.
  • The amendments could lead NGOs to face a maximum imprisonment of ten years for rescuing individuals in the Mediterranean.
  • Organisations like Amnesty International and Doctors Without Borders caution that the changes may blur the line between profit-driven smuggling and humanitarian assistance.

More than 50 organisations have expressed their concerns over Germany’s proposed legal amendments to make saving persons from drowning in the Mediterranean and transporting them to the shore a criminal act, punishable by a maximum imprisonment period of ten years.

Amnesty International, Doctors Without Borders and other sea rescue organisations warn that the planned change to the law could “blur the distinction between profit-driven smuggling activities and humanitarian assistance”.

In a statement, the organisations have expressed concerns that the amendment would place Germany among the EU countries that are shrinking their space for civil society, considering it as a dangerous trend that must be stopped. In addition, a study has indicated that it strikes at the heart of European values and contributes to the erosion of rule of law as well as democracy.

While the German government emphasised in a statement that the amendments to Section 96 of the Residence Act are not intended to criminalise sea rescue, legal experts view this claim critically, underscoring that the ministry’s intentions are irrelevant to the interpretation.

Statewatch

Last week, the Commission unveiled new legislation in order to halt and fight migrant smuggling. In addition, the Commission also introduced a Call to Action for a Global Alliance to Counter Migrant Smuggling at the International Conference held in Brussels.

The new changes came following President of the European Commission, Ursula von der Leyen of 2023, during which she urged for strengthening all disposable tools to effectively counter migrant smuggling.

Such new measures, according to the Commission, establish a new legal, operational and international cooperation framework addressing migrant smuggling for the years to come.

Migrant smuggling is a criminal activity that disrespects human life and the dignity of people in the pursuit of financial or other material benefits. Smuggling networks make substantial profits from their criminal activities, ranging between EUR 4.7 – 6 billion worldwide annually.

EU Commission

Authorities in Germany have tightened immigration and asylum policy, amid irregular migration concerns.

The statistics from the German Police revealed that from January until September this year, a total of 92,119 people entered Germany in an unlawful way, thus raising concerns that the country could receive a larger number of irregular entry attempts compared to 2016.

Recently, the Interior Minister of Germany, Nancy Faeser, introduced a new deportation legislation for sending unsuccessful asylum seekers back to their home states, as part of efforts to address immigration concerns.

Faeser said that the draw law would create the conditions required for expulsion and returns to take place, through over 40 measures.

Besides, last month, Germany introduced checks at borders with Switzerland, Poland and Czechia as part of efforts to halt irregular migration.

Disclaimer

The Think Europe Services website is owned and operated by Think Europe Services Sp. z. o. o., a private international company operating independently from the Polish government. Please note that the information on this website is not intended as professional or legal advice. We make every effort to maintain the accuracy of the content, but it's important to be aware that certain terms, like immigration eligibility criteria, may be subject to change without prior notification. ..see more

In reference to our Job Search Service, we specialize in Resume Crafting, LinkedIn Enhancement, and Resume Promotion. It's crucial to emphasize that we do not promote job opportunities on behalf of international employers or serve as agents for any foreign companies. Our Registration number is KRS 0001007806, our tax identification number is NIP 9512557041, and all our services are exclusively offered at our Registered Center.

Please bear in mind that the content provided here is meant solely for informational purposes and should not be regarded as legal or tax guidance. It is recommended that you seek advice from your own legal and/or tax consultant(s). We do not offer legal or tax advice, and the information we present is of a general nature, not customized for any particular company or workforce. Moreover, it does not represent how we operate in a specific jurisdiction. We do not assume responsibility for the accuracy or timeliness of this information, and we are not liable for any losses that may occur as a result of using or relying on it.