A/HRC/41/44 IV. The suppression of solidarity for migrants and refugees by a section of civil society 25. In many areas of the world, far right or other extremist elements of civil society have engaged in mass mobilization, group confrontation and other practices that have been aimed at, or had the effect of, intimidating or harming those who render humanitarian assistance to irregular migrants. A troubling “solidarity of sorts” has also been expressed against humanitarianism within the global migration context. 46 Most such expressions of this sort of “solidarity against humanitarianism” have come from far right, alternative right, white nationalist and other extremist groups. For example, Defend Europe and other such far-right groups have seized upon the generally false narrative about humanitarian actors being involved in human trafficking around the Mediterranean Sea and launched a boat patrol in July 2017 aimed at actively disrupting the work of humanitarians. 47 While Defend Europe had to abandon its mission because of its disruption by “anti-fascists” they were to claim success by arguing that certain Governments had by then already done their work for them. V. An analysis of general international law 26. The duty to rescue any person in distress at sea is well established under general international law.48 In the Cap Anamur case, the tribunal based its decision to acquit the person charged with migration offences by the authorities of a Southern European State on article 98 of the United Nations Convention on the Law of the Sea. Article 98 obligates masters of ships or “the responsible authorities” who come across or are notified of others in distress at sea to provide them with the necessary life-saving and other assistance. Indeed, the States parties to the Convention are under a legal obligation to require that ships under their flag comply with this provision. The same kind of duty is also enshrined in article V of the International Convention for the Safety of Life at Sea of 1974; article 10 of the International Convention on Salvage of 1989; and article 2 of the International Convention on Maritime Search and Rescue of 1979. The latter treaties tend to impose this duty on all ship masters, not just those under the command of a particular State party. It is thus also clear that masters of ships owned or operated by humanitarian groups (and thus the seafarers under their command) are not exempted from this duty. 27. It is logical to conclude that the domestic and regional laws and practices already discussed in this section which criminalize or suppress those who render assistance to those at risk of losing their lives at sea clearly contravene the international legal regime which recognizes a general duty to render assistance at sea. 49 The eventual acquittals enjoyed by the seafarers charged with migration offences in the Cap Anamur and Morthada/el-Hedi cases were firmly rooted in recognition of the position under general international law and in the laws that implement the stated international legal obligation on this issue. Nevertheless, it should be noted that despite the eventual acquittals, those cases (and others) clearly show that the rescue of persons at sea is still in reality a “sanctioned enterprise” which has shaped and may continue to shape “future human conduct at sea.” 50 The detention for a period and long trials endured by the accused may dissuade many would-be rescuers from attempting to assist migrants or refugees in distress at sea, leading to even more avoidable deaths at sea. 46 47 48 49 50 See See Liz Fekete, Francesca Webber and Anya. Edmond-Pettitt, “Humanitarianism: the unacceptable face of solidarity”, p. 31. See Maya Oppenheim, “Defend Europe: far-right ship stopping refugees ends its mission after a series of setbacks” (The Independent, August 2017).. See Tugba Basaran, “Saving lives at sea: security, law and adverse effects”. See Tugba Basaran, “Saving lives at sea: security, law and adverse effects” and Richard Barnes, “The international law of the sea and migration control” in Extraterritorial Immigration Control: Legal Challenges, Bernard Ryan and Valsamis Mitsilegas, eds. (Leiden, Netherlands, Martinus Nijhoff, 2010). See Tugba Basaran, “Saving lives at sea: security, law and adverse effects”. 9