Burden sharing or burden shifting?

The Montefalco incident was not the first to occur in the central Mediterranean area; it will not be the last. This region of the world, on Europe's doorstep, has become a marine graveyard for hundreds of immigrants trying to cross over to Europe.

For years on end, no one cared about the illegal immigration in this area and it is unfortunate that, even today, the interest of some with regard to this area is to indulge in a sanctimonious exercise of issuing high-sounding condemnations based on incorrect facts.

The search and rescue (SAR) zone for which Malta is responsible covers an area completely disproportionate to the size of its territory, a probable remnant of Malta's past role as a British military base. Malta is responsible for coordinating rescue operations in its area. Ultimately, it is responsible to accept on its territory any person saved within its zone where Malta is the nearest safe port.

The Spanish vessel Montevallo conducted a rescue operation outside Malta's search and rescue zone. It did the proper thing in rescuing immigrants whose life was at stake because the vessel nearest to an SOS call should conduct such an operation.

But to conclude from such fact that Malta had any obligation, legal or of any other kind, to accept and receive such immigrants rescued by a Spanish vessel in a Libyan-controlled rescue zone is just unbelievable. I have read the comments by the Spanish Employment Minister saying Malta acted incorrectly. I do not know to what extent ministers responsible for employment are endowed with knowledge regarding the complex law relating to rescue operations at sea but there is not a single explanation as to the reasons, legal or otherwise, that led the learned gentleman to come to his conclusion.

Malta needs no lecturing or preaching in rescue operations. Our men in the Maritime Squadron of the Armed Forces of Malta have risked life and limb in rescuing, in rough and inclement weather, hundreds of immigrants this year.

As in the past, they have operated in unfavourable conditions and performed their tasks beyond the call of duty.

The strange call, fuelled irrationally by a part of the international press, to the effect that we should now assume control of a rescue zone belonging to another country is absurd. Could these self-proclaimed pundits kindly quote chapter and verse from where does such responsibility arise? And why are there clearly-defined rescue zones in the first place?

The vessel closest to a call for help should intervene, irrespective of nationality of the vessel but no country is bound to accept within its territory any immigrant rescued outside its rescue zone. Can anyone reasonably expect that one of the smallest states in Europe assume this responsibility even more so when the immigration problem has hit us hard?

There have been some calls for a European investigation into the incident. The remit of such investigation should include such matters as to why the Frontex operations have not yet started. The answer probably is that, for all the hullabaloo created by certain quarters over this incident, few states are prepared to put their resources where their mouth is.

The Home Affairs Ministers of the newly-constituted G8, encompassing the larger member states, should indulge in some soul searching exercises to relieve the peripheral states from the burden of their current obligations rather than creating non existent obligations to further bury the border states under the yoke of the current responsibilities.

Ultimately, however, real burden sharing will only arrive when the member states of the EU devise a credible mechanism to allow some freedom of movement of protected persons to alleviate the burden being carried by the states at the border.

Until that day dawns in Europe, the states on the periphery will continue carrying a burden disproportionate to their capabilities and we shall assist to more situations of burden-shifting rather than burden sharing. Malta will certainly not allow itself to be anointed, by circumstances or sheer lack of solidarity, the lonely sentinel of Europe's southern borders.

Dr Borg is Deputy Prime Minister and Minister of Justice and Home Affairs.