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Struggling for Sanctuary: Lampedusa's Ongoing Migrant Crisis
The migrant crisis occurring in the soul of Lampedusa, Italy has been a heartfelt problem for millions of similar migrants and immigrants worldwide. Lampedusa, just off the coast of Sicily, had just a measly population of 6,000 citizens before the influx of migrants;however, this week, the migrant population has doubled that of small island’s. This population proliferation and argumentation has put a substantial toll on the existing citizens, infrastructure, and facilities. This week on the legal playbook, we will be examining if it is legally and principally justified for countries to expel migrants and the implications of such.
To gain a comprehensive understanding of the gravity of this issue, it is essential to provide some background information before delving into the legal and moral aspects.
Why are people coming to Lampedusa?
Before this became head line news of multiple established news sites, the name Lampedusa was completely foreign to the global audience. However, to many individuals from Africa, Lampedusa is their gateway to a better life.
Migrants migrating to Lampedsusa are primarily from North African countries such as Tunisia, Libya, and Algeria.Furthermore, other individuals from sub-Saharan African nations, attempting to flee from the violent and the unstable environment in Northern africa and actively make the journey to Lampedusa in search of a better life or asylum. However, this is not new news. In fact, the act of migrating through treacherous measures in an attempt to not be sent back has been historically common. In fact, thousands try to escape Northern Africa through boats;however, unfortunately many don’t make it due to malfunctions in their boats or capsizing in the mediterranean, leading to over two thousands deaths so far this year, according to the International organization for Migration. The root cause of the migration is founded on the fact that Europe offers a greater opportunity for their families,both socially and economically. Furthermore, Europe offers them an asylum from their war and conflict torn homes, enabling them to live in a stress free environment where one does not have to consistently burden themselves with worrying about life and death.
Lampedusa becomes the clear answer and becomes the final piece to the puzzle as this small peninsula island as it is closest in geographical proximity to North Africa. Lampedusa is not just a place, it represents the 120 Miles towards freedom and a happy life.
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What is the stance of residents?
While usually Lampeducian citizens show hospitality and welcome migrants with open arms, the overwhelming amount has complicated the issue. The immense pressure laid on the small island is near the tipping point, where there is a lack and scarcity of materials and resources to maintain the quality of life for all those situated on the island. Lampedusa urges other parts of Italy along with EU countries to alleviate the problem by dispersing the migrants over a multitude of different regions instead of concentrating in one specific place. Without this plan, the alternative could lead to imminent danger to both migrants and existing migrants.
Do states have a legal right to deny access to migrants?
While States and Islands have control of their own sovereignty, the authority of a state to govern itself or another state, states are often compelled by international law to commit actions that are in tension with their sovereign rule. In other words, while the government prioritizes their citizens before catering to the interest of others, the government simultaneously has an obligation to follow international laws.
Lampedusa is under the rule of Italy, therefore, inherently has to follow the international rules set that Italy has agreed to. Italy, among countless other nations, agreed to the United Nation Convention relating to the status of refugees. Under this convention, Italy agreed to the principle of non-refoulement and agreed to provide all asylum seekers with an effective asylum process.
What then is the principle of non-refoulement?
It is a principal that falls under international human rights that guarantees that no one should be returned to a country they could potentially face “torture, cruel, inhumane, or degrading treatment or punishment and other irreparable harm”. In the case of Lampedusa, they are obligated, under internal rules, to accept all of these migrants, as denying access would break an international law.
Understanding that Lampedusa does not legally have the right to deny migrants what are the implications of this, and will this means that lampedusa is not principally correct.
Having an excessive amount of migrants will inevitably lead to overcrowding in temporary shelters and other facilities. While Lampeduca has already been accustomed and has set up infrastructure to receive migrants, this tsunami wave of bodies has severely overwhelmed the small island. Overcrowding not only leads to resource strain limiting the amount of resources devoted to migrants but also resources granted towards existing long term residents and citizens of Lampedusa. Whale resources may seem very abscredible, when resources become scarce this means lack of basic necessities especially water, food, infrastructure, and healthcare.
While it may seem obvious that the solution lies through transporting these migrants in ulterior parts of Europe and Italy, the process in which this occurs is tedious and complicated. Not only does every migrant be documented, identified, and given the correct legal work, the act of transportation is extremely difficult and costly. These different factors already place huge barriers on migrants. This tedious process is only furthered by other countries and other cities' unwillingness to accept migrants, so even in the best case where all documents are signed etc, it is very difficult to transport migrants to other non crowded parts. This often is the case because Italy has already satisfied their burden of non-refoulement, and therefore other cities don’t want to handle the burden and the strain on their systems and are likely to try to mitigate the pressure of accepting migrants.
Apart from the logistical side of the issue, many issues are pressing. For example, during the migration process, family members are split, and migrants who do not qualify for asylum or other forms of protection may face deportation orders. There are also other regulations like the Dublin regulation : the responsibility for processing asylum claims falls on the first EU country where a migrant arrives, leading to challenges as many migrants may want to join family members in other EU countries but might be deported back to Italy. Aside from the legal issues, there are intangible and subtle insidious issues that make the quality of life a living hell. Many migrants may face difficulties in accommodating and understanding the new culture, or may be seen as a negative impact on the local economy, etc.
It's important to note that the specific challenges and problems associated with an influx of migrants in Lampedusa will depend on various factors, including the number of migrants, their legal status, their backgrounds and needs, and the capacity of local and national authorities to respond effectively. Managing these challenges typically requires a multi-faceted approach that involves humanitarian assistance, legal procedures, social services, and community engagement. However, there seems to have been a great amount of public pressure and attention for positive change to be instilled, and this is bolstered by the EU’s actions. The commissioner of the EU recently visited Lampedusa to mitigate the issues and strive for better solutions. Until then, may all of us join together to pray for those in Lampedusa and spread the word and the message around to our friends and family to raise awareness for the situation in Lampedusa which can continue to pressure governments and institutions to instill active change.