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Dora R Castro

When Aiding Becomes a Crime

Updated: Mar 14, 2021

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Aiding refugees in Europe is one of the most important and contentious topics in recent history.

Since the refugee crisis in Europe started in 2015, we have witnessed several news and information reports about how different European countries have reacted to an unquestionable humanitarian crisis. Some countries have been severely criticised, whilst others, such as Germany have been leaders in giving refuge to human beings that are escaping from persecution and war. So, after the apparent good intention of several European countries to uphold and respect humanitarian traditions, are these the same European countries who opened a Pandora’s box?

The Institute of Race Relations has recently published research called Humanitarianism: the unacceptable face of solidarity, the research shows that some European countries are using trafficking and smuggling laws to criminalise people acting out of humanitarian motives. The crime of solidarity is not a new concept, according to this research in 2007 a Tunisian fishing boat with seven crew members were charged with easing illegal immigration after rescuing forty-four Eritrean, Sudanese and Ethiopian asylum seekers in Italian waters.

In January 2016 Aldeen and Mohammad Abbassi working with volunteers from a Spanish NGO, were searching for two sinking boats after contacting the Greek coastguard, the latter arrested them for human smuggling. Aldeen was bailed for ¢10,000, the others for ¢5,000; they are currently awaiting their trial which is taking place on the 7th May 2018. This act is a result of a hostile environment that NGOs and volunteers are facing. Greek laws do not punish rescue at sea and there are no further comments from the Greek government regarding the unlawful arrest however, there is a new Greek law that force NGOs and volunteers to register, placing them under state control.

Germany is not exempt, in August 2015 Chancellor Merkel opened the southern border with Austria to allow Syrian refugees to reach Teutonic land, Peng Collective a Berlin based group of activists called for civilian help to bring asylum seekers from Austria. Over 700 people were detained for migrant smuggling, however, due to the lack of profit gained it was changed to illegal entry as grounds of humanitarian action is not recognised or exempt by law.

Liz Fekete, director of the Institute of Race Relations argues that false accusations that involve activists and volunteers working for traffickers smuggling illegal immigrants are feeding far-right groups, such as Defend Europe which has been campaigning against NGOs since May 2017. This extremist group has been labelling activists and volunteers as unpatriotic and weak.

Fekete maintains that there is a continuity between the old fascism of cosmopolitanism and the new racism that is tied up with Islamophobia.

Interestingly, the research concluded that criminal laws created to seize gangs and criminal organisations are strained to fit a hostile environment and criminalise humanitarian acts. This should be a call for all European leaders to comprehend that laws should be facilitating aid that is provided by NGOs, activists and anonymous volunteers. Brave people that share the same ideas and passions, with the philosophy that every human should be entitled to retain their dignity, and above all, to retain their lives. Lives that ultimately end up as numbers on a piece of paper at the European Union.

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