Fundamental rights and legal challenges of the NGO search and rescue operations in the Central Mediterranean

The European Union Agency for Fundamental Rights (FRA) has released its latest update on Search And Rescue (SAR) operations in the Central Mediterranean, providing a comprehensive overview of administrative and criminal proceedings affecting non-governmental organisations (NGOs) engaged in life-saving activities at sea.

The report came out at a critical moment: as the world marks the 75th anniversary of the 1951 Refugee Convention, the Mediterranean Sea continues to claim lives at an alarming rate. According to the International Organization for Migration (IOM), at least 1,430 people died or went missing while attempting to cross the Mediterranean during the first six months of 2026 alone. Between 2014 and mid-2026, over 35,000 people are recorded as dead or missing in the Mediterranean, a figure likely underestimated due to systemic underreporting. These stark numbers underscore a fundamental reality: search and rescue (SAR) capacity at sea remains critically insufficient to meet the scale of human need. NGOs operating SAR vessels in the Central Mediterranean face a dual challenge: fulfilling their humanitarian mandate while navigating an increasingly hostile legal environment. 

FRA identifies two overarching fundamental rights issues that demand sustained attention from policymakers and Member States alike: 

1. protection of humanitarian SAR activities. There is an urgent need to maintain a clear legal distinction between humanitarian assistance and migrant smuggling. EU Member States must ensure that anti-smuggling measures do not inadvertently or deliberately target organisations and individuals acting out of humanitarian obligation or in fulfilment of their international legal duties.
2. strengthening SAR capacity and safeguarding fundamental rights. SAR operations in the Mediterranean must be scaled up significantly to prevent further loss of life. Crucially, all rescue operations must fully respect the principle of non-refoulement and ensure that people rescued at sea are disembarked in places where their fundamental rights are protected. In this context, the Parliamentary Assembly of the Council of Europe adopted Resolution 2612 (2025) in June 2025, calling on states to re-establish large-scale European SAR operations and proposing the creation of a dedicated European SAR corps. 

As 2026 marks the 75th anniversary of the 1951 Refugee Convention, the ongoing tragedy in the Mediterranean is both a stark reminder that one of Europe's most pressing fundamental rights challenges remains unresolved, and a call to action. The EU and its Member States have both the legal obligation and the moral imperative to act and to scale up SAR capacity, to protect those who save lives, and to ensure that the waters of the Mediterranean no longer serve as a mass grave for people seeking safety and dignity.