26 March 2023

CONFLICT, HISTORICAL NARRATIVES AND RECONCILATION.

 

CONFLICT, HISTORICAL NARRATIVES AND RECONCILATION. 

V. Tais Yáñez. 02 Jan, 2022

 

Hegel (2012, p.6) states that "people and governments have never learned from history or acted upon what they learned".  Is this true, or is it not the case that, rather, we learn from experience, and not only do we do it again but we, in fact, improve it? Failure to learn from experience does “not only serve the purpose of protection (and preservation) of social and personal identity but also may reinforce the commission of further atrocities.” (Cehajic-Clancey, 2012, p.236)

 

In this paper I will discuss the ideas that what we learn depends on the narrative we are exposed to, how it should change from a single biased one to a more honest and inclusive history not only in the interest of truth, but also because that is what is required for a holistic process of reconciliation to succeed in due time and taking into account different cultures have particular views and approaches to healing.

 

Controlled historical narratives are the prerogative of dominant groups and victors. The infamous Nazi Minister of Propaganda, Joseph Goebbels, perfected political advertising as an effective tool to spread hate and justify genocide.  His dark legacy prevailed and has been learned. Nowadays technological advances improves access to  the way the media defines conflicts and their history “ in line with ideological discourses, which direct dealing with the war past, determining responsibility, and punishing war crimes, and are exploited by the political elites’ interests’’, (Erjavec, 2011 p.42) And its power and reach do not stop there. It is also an important component in education worldwide especially when it comes to historical narrative. In Europe glorification of one people and reinvention or usurpation of a mythical past to spread hatred, encourage division and fuel tensions in times of crisis or war was , for instance, utilised in World War One posters and newspapers on all sides. The same was later exploited by fascist Italy and Spain and perfected by the Nazis, and used by all belligerant countries before, during and after World War Two. Following their footsteps, fifty years after the Holocaust, ultra nationalist in the former Yugoslavia used the press to redirect the formerly repressed nationalistic sentiment to exacerbate tensions. Serbia, specifically, created their own narrative to promote Serb supremacy, incite war, dehumanise and exclude Bosnian Muslims, Bosniaks, in order to justify their extermination. 

 

Here it must be said that “it is obvious that the Serbs were the main aggressors in Bosnia, Croatia, and Kosovo, there is no doubt that Croats, Kosovar Albanians, and Bosnian Muslims set up defence forces and were not simply innocent bystanders, waiting to be ‘ethnically cleansed’’ (MacDonald, 2002, p.3). Nevertheless, Serbian propaganda has ever since used that to downplay the extent of the atrocities committed or to paint themselves as innocent victims of historical injustice and international anti-Serb sentiment. In the context of their trial at The International Criminal Tribunal for the former Yugoslavia (ICTY), Radovan Karadžić bluntly declared that nothing happened in Srebrenica, and Slobodan Milošević blamed Bosniaks for carrying out their own genocide for which, he alleged, they received French aid. (ITCY, 2018). Two decades later, in a speech at the Fourth International Conference: Stop Genocide and Holocaust Denial Sarajevo in 2018, the President of the United Nations International Residual Mechanism for Criminal Tribunals, Judge Carmel Agius condemned the leaders of the Serbian part of Bosnia Herzegovina, the Republic of Sprska, for “seeking to annul the 2004 report on the Srebrenica genocide…with the aim of rewriting the history” (Aigus, 2019) and he called on all countries to not only criminalise and persecute Holocaust denial but also that of the 1990’s Rwandan and the Bosnian genocides. 

 

Far-right revisionists and ideologues have constantly tried to intelectualise denial or use pseudo science to discredit evidence, survivors and witnesses of the Holocaust despite the fact that they may face criminal charges in countries like Germany. Other countries still refuse to acknowledge the 1915 Armenian genocide or have written favourable narratives of their own historical crimes.  Some individual perpetrators like Felicien Kabuga, accused of single-handedly inciting and financing the Rwandan genocide in 1994, or Ratko Mladic, believed to be the mastermind of the Srbrenica genocide, managed to evade international arrest warrants for years, and denied the events, which, even with their subsequent capture, trials and convictions, jeopardised the reconciliation processes.

 

Reconciliation and healing for all are, at the very least, challenging whilst having a single master narrative because it creates a hierarchy of oppression and solidarity, as well. We know the annihilation of six million Jews was systematic and driven specifically by antisemitism and white supremacist ideology, that is not in dispute, nonetheless,  there is a certain degree of lack of real recognition of non Jewish victims of the Nazi Regime in general, and, specifically, those likewise persecuted on the grounds of ethnicity, which, according to the 1946 United Nations Genocide Convention, is a basis for charges of genocide to be pressed. Half million to three million Roma and Sinti people (accounts still vary) were murdered in the Samundaripen (meaning ‘mass killing’ in Romani cultures) however, this is still, more often than not,  sidelined on Holocaust Memorial Day, commemorative events or dedicated museums.  The Roma community campaigns for the official international recognition of their genocide, and of the prevalent Antsiganism or Romaphobia. Their struggle tends to be ignored partly because of accusations of appropriating the Holocaust. (Popov, 2013)

 

In like manner, master narratives of the colonisation of the American Continent justify or plainly deny the genocides of Indigenous Peoples or First Nations, what is known as the Native American Holocaust which in words of he late Lakota elder, and activist for Indigenous Rights, Russell Means is “probably the most sophisticated form of genocide invented” (Russell Means, 2010, min.1.10) since invasion by Europeans began in 1492. This genocide is widely unacknowledged or denied despite the colonisers’ own accounts of events such as the very comprehensive story of exploitation, slavery and genocide written by Fray Bartolomeo De Las Casas from his arrival in 1502, and which he the aptly named  “Tears of the Indies” with it "Being an Historical and true Account of the Cruel Massacres and Slaughters of above Twenty Millions of innocent people ; Committed by the Spaniards in the Islands of Hispaniola , Cuba , Jamaica , etc. Also, in the Continent of Mexico, Peru, and Other Places of the West Indies, to the Total Destruction of those Countries"(De Las Casas, Phillips, 1953)

 

The status quo narrative of history, however, perpetuates the Columbus-era myth of discovery which legally and philosophically gives the European colonists the right to Native Land (Dunbar-Ortiz, 2006) Independence processes did not stop the violence shared by the many hundreds of distinct Indigenous Peoples, from Greenland to Patagonia and the Caribbean islands. One example is the decimation of Mexico's Yaqui people in the first decades of the 20th century. The Yaqui tribe, with a proud history of resistance to colonisation and pogroms, were forcibly displaced from Sonora in the far North to Yucatan in the unfamiliar hot Southeast to be enslaved and exterminated in henequen plantations. As slavery was technically illegal, the rich plantation owners and the government created a system that would indebt the Indigenous person to the estate so they had to work for their freedom, often to death. (Turner, 1911). The Yaqui genocide of an estimated 150 000, half of the tribe then, remains mainly unacknowledged in education, culture, and public discourse. This exclusion from the official narrative of the history of the period means no justice has ever been made, on the contrary, the killings, repression and indifference continue to this day, albeit differently, but so does their resistance.

 

These examples assist in finding solutions and answers to complex relevant questions. What happens when war ends but conflict doesn't?  Do all conflicts have a clearly defined winner and loser, perpetrator and victim, or can some have more than two sides? Do all perpetrators participate in physical violence? Can we judge them all equally? What happens to those Dona (2019, p.2) calls “The subaltern, marginalised from historiographies of violence” , the ‘other’ victims, or the silently compliant onlookers who, in a Kantian sense, may claim they have kept their high moral ground by not taking active part in atrocities even though they chose to  not help victims either but to conform to a newly created law making violence whereby they sacrifice freedom for state security, or as Benjamin (2007)  said a 'mythic violence’,

 

The classic binary discourse of us and them, of one victim and one perpetrator “has contributed to fix such identities as essential, natural and homogenous’’(Montenegro, Piper, 2009) and creates a discourse where particular cases and "individuals are sacrificed to the severe demands of the national objects”  Hegel (2012, p.9) whereby the system has the monopoly to draw and enforce legal violence  (Nazi racial laws were legal, for instance)  and each group focuses on creating their own narrative (Bar-Tal and Cehajic-Clancey, 2014) with the most powerful sector dominating the widely accepted discourse. Therefore, as Butler (2006) suggests, in order to address violence we must first examine who is establishing the framework and for what reasons, what their aims are, and, in cases of genocide and crimes against humanity, how they use those parameters to claim obedience, innocence, justification, and self-defence. Serbia in this case opted for issuing contradictory accounts, doctoring statistics, banning lessons on Srebrenica in schools, and claiming they have never attacked other countries at the same time that Croatia claims to have just defended herself against Serbian aggression. 

 

 For this purpose it is necessary to broaden our analysis by using Dona’s (2019, p.3) “framework of constellation of narratives (which she) reconceptualised and adapted… to analyse ethnic and political violence.” Her framework aids in the reconciliation process more effectively inasmuch as it breaks with this binary to assign responsibility or recognition, blame or victimhood, to heretofore sidelined sectors and contributes to reparations and healing of all society, including groups who have also been affected but are often sacrificed in the name of national unity, simplification or to mantain the dominant historiography to silence calls for reparations. However, as Franovic (2008, p.17) clarifies “This is certainly not to say that all sides have to be blamed (or compensated) equally. But it is to say that all suffering has to be acknowledged, no matter whose responsibility it was”. Neglecting and othering minority groups or collaborators, and failing to hold a just accountability process that includes the silently compliant part of society who may not necessarily have taken active part in violence or a genocide but, nonetheless, did nothing to stop it, only damages trust in social relationships and risks making reconciliation so superficial that ‘Never again’, a phrase  linked to the Holocaust, becomes a meaningless slogan and not a call to prevent it from repeating. And, indeed it keeps happening.  The Srebrenica genocide, which claimed the lives of over 8 000 Bosniak men and boys in July 1995, is being referred to throughout this paper to illustrate how propaganda and education impedes reconciliation and peace building as Serbian perpetrators of this genocide have since preferred to forget, deny, or create an alternative reality.


With this in mind we now must ask what we mean by reconciliation. Many questions emerge. What does it involve? Why is it not always achieved after conflict, especially after great loss of life and freedoms as it happens during dictatorships, and genocide? For whose benefit is it? Whose responsibility is it to start, lead and mediate negotiations? Which groups should sit at the table?  Does everybody always strive to achieve it?  Does it require the victims’ forgiveness? Can there always be justice for all the parties? What are the obstacles? Can reconciliation bring lasting peace? 


Reconciliation defined simplistically is “the act of causing two people or groups to become friendly again after an argument or disagreement” It is clear this basic and utopic definition does not fit complex conflicts that involve historical feuds, crimes against humanity, sexual violence or, indeed, genocide, nor does it fit with long and brutal dictatorships as the past becomes taboo, and oppressive ideas and structures are kept to hinder true reconciliation and pave the way for further conflict to happen like in Spain or Chile because their transitions to democracy which were approved and overseen by the dictators Francisco Franco and Augusto Pinochet, respectively, to ensure some sort of continuity, promote a ‘forget and forgive’ approach, and ensure amnesty for perpetrators. 

 

Fonovic (2008) summarises what other known scholars define as reconciliation as a process to amend and restore relationships to heal the community and build justice and peace. Reconciliation processes sometimes do not give much consideration to  “the types of relationships pertaining prior to the fracture…, the nature of the process of fracture itself” (Rigby, 2012, p.236). They tend to be pragmatic and seek a quick end to conflict, prioritising a focus on the future.  They avoid dwelling in the past and solving the original issue thus risking repetition.  Rigby ( 2012, p. 13) states that “Theorists and practitioners within this approach have focused on the primacy of institution-building and infrastructural reconstruction, and have paid very little overt attention to the ‘subjective’ dimension of peace-building… They fail to take account of the emotional challenges faced by those seeking to come to terms with loss in the context of post-conflict life”.  

 

Therefore the kind of reconciliation to work towards must have a “ holistic perspective by combining the three phenomenon types (political, social, and economic) with its three levels (individual, communal, and national)” (Strupinskiene, 2017, p. 3). It ought to allow for emotions to be shared in a safe space and in a non-exploitative or condescending manner, as a reckoning with the truth and building trust between former enemies, victims and perpetrators, onlookers and neglected survivors, because “without the full truth, the society could continue coexisting but would be stuck in the cycle of superficial trust resulting from necessity” (Strupinskiene, 2017, p.12). Tellingly, peace accords tend to be mediated and guided by outside agents who may also bear responsibility for the escalation or continuation of conflict by supporting coup d’etats,  selling weapons, training troops like the CIA has done globally, or simply, by failing to act to stop it like in the case of NATO and the UN in the Bosnian genocide. 

 

Narratives and reconciliation correlate inasmuch as they both have different meanings and desired outcomes for opposing sides, they have a symbiotic relationship. They both tend to be marred by power imbalance, the “privilege of constituent parts to act for themselves … above the interest of the whole, the greater good” (Hegel), Signed agreements provide a false sense of peace which has been achieved by glossing over crimes and human rights abuses, or “excluding any data of reference to the past or to theories about the future” (Galtong, 1969, p. 167), and expecting victims to relive their trauma and, yet, forgive and move on in the name of unity. A successful honest peaceful post-conflict society’s historical accounts require the inclusion of all the parties involved  as well as reassurance that the process shall encompass the five factors of reconciliation suggested by Rigby (2012): Security, justice, time, justice, culture.

 

Indeed, different cultures on opposing sides of the narratives and negotiation tables, and in very different contexts of violence approach reconciliation or, even, coexistence according to their community values or suffering. For instance, First Nations in Canada, and in most territories in the American Continent, promote the idea that reconciliation is more than coexistence and inquiries. Acknowledging, changing, and educating old and new generations truthfully about the many crimes against Indigenous peoples is necessary to achieve culturally respectful justice, reparations, inclusion, cohesion and healing. This is in reference to colonisation, and,  specifically just for the purpose of this paper, to the Canadian Indian Residential Schools programme which, until the 1980’s took Native children away from their families to intern them in so-called ‘boarding schools’ so as to force them to assimilate into colonial white European settler culture. The specific aim was “to destroy aboriginal language and culture, ‘to take the Indian out of the child.’ ” (Jung, 2009, p.6) Although most crimes committed against Indigenous Peoples in the whole American Continent fit in the UN definition of genocide, such as displacements, forced sterilisations and mass murder, MacDonald and Hudson (2012, p428), refer to the IRS system as “cultural genocide as a “ground floor” and a means to legally and morally interpret (it).”. 

 

The Honourable Justice Murray Sinclair, Chair of the Truth and Reconciliation Commission established to investigate the IRS in Canada states “education caused this mess, and education will also get us out” (Waterfall, 2018, p.9) . His quote is often referred to by Indigenous people in Canada to express how they approach the path to reconciliation. In addition to this, Campell (2020) makes clear that reconciliation does not require survivors to relive their trauma to educate the public, and it is not tokenistic, charitable or a performative act. In this context reconciliation is political and personal, individual and collective and involves “openness and communication among community members, without blaming or shame; clear role expectations and people taking responsibility; and a sense of connectedness and sensitivity to one another which promotes healthy partnerships and collective action.” (Krawl, 1994. p.2). For Lamouraoux (2020), reconciliation is a gift from First Nations survivors to the whole community so that everyone can heal and live together. 

 

In heavy contrast to the Indigenous culture-based approach to healing, the path of reconciliation in Bosnia Herzegovina and the other five former Yugoslav republics after the 1990’s wars and the Srebrenica genocide is as complex as the culture and history of ancient rivalry of the peoples of the Balkans itself. Josip Broz, Tito, who united and ruled Yugoslavia for 35 years, created a multicultural education system where sectarian nationalism was strongly discouraged, and which focused on uniting the federation’s many ethnic groups to build a strong Yugoslavia.  (Georgeoff, 1966). However, after his death, repressed hostility was evident in all sectors and by the time war broke the Serbian leaders had fed the myth of replacement of Serbs by Bosnian and Kosovan Muslims, to justify genocide (Sells, 1996)

 

The unity broken by the Yugoslav War resulted in the formation of six new countries with prevalent strong post-war geopolitical and religious divisions, government structures, and reformed education systems that reflect, propagate, perpetuate and, even, exacerbate prejudices, power imbalance. and distorted biased versions of truth (Bacevic, 2014). Nowhere is this more visible than in Bosnia Herzegovina. Twenty six years after the Srebrenica genocide, the three prominent ethic groups: Bosniaks, Croats and Serbs, and the Kosovan Albanians and Roma minorities, have what Rigby (2012) calls ‘surface coexistence of separate lives’ with little or no contact.  The Dayton Agreement after the war restructured Bosnia as a  two part federation, one side shared by Bosnian Croats and Bosniaks , and over 50% of territory given to the Republic of Srpska in Bosnian Serb control (Franovic, 2008). Further segregation within Bosnia Herzegovina means the country has councils, cities, and parliaments divided into ethnic groups as well. 

 

Controversially, schools also divide Bosnian Muslims and Bosnian Croat students and staff into so-called ‘Two schools under one roof’, two curriculums in two languages with two narratives of history and geography in one building where children of different faiths and ethnicities seldom cross paths. Thus, schools act as recruitment ground for nationalist parties which helps preserve the state of  cold peace where there is neither aggression nor friendship and the risk of a conflict restarting is ever present.  (Miller, 2000). Young people grow up within their own “ethno-national group and learn from a mono-ethnic curriculum that does not foster understanding or tolerance of others, but breeds suspicion” (Swimlear, 2013, p2) which endangers even surface coexistence and makes talks of reconciliation at this stage infeasible. 

 

Optimistically, however, students in some towns like Jajce have taken action to demand  integration of the schools and have allowed themselves to socialise with peers outside their own  ethnic and religious group. Cities like Monstar already have integrated schools that promote values of openness, tolerance, unity,  and some community leaders campaign to build bridges to unite people, as opposed to as physical, political and philosophical marks of separation. 

 

On the whole master narratives create a black and white picture of “almost totalising violence exposed in the public domain of the single story” (Dona, 2019, p. 13) with two sides: beginning and end, victory and defeat, bravery and cowardice, central victimhood and prioritised criminal acts. A new history demands that the world also hears the voices of the sidelined victims, such as the, family members of the children, now adults, forcibly taken to Indian Residential Schools in North America, or the, mainly Bosniak, women raped by Serbian forces during the Yugoslav Wars, and the outcast children born as a consequence.

 

 In conclusion, the healing of lasting personal and inter-generational trauma and reconciliation require an all inclusive narrative, honest conversations and acknowledgment of historical and sociopolitical truths, and educating everyone on the painful past lest we forget and continue on a path of self-destruction and incessant  antagonism and war. In the famous words of Santayana (2017, p.182) “Those who cannot remember the past are condemned to repeat it.”

 

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The ethics of criminalisation of solidarity of NGOs and refugees in Europe.

 

The ethics of criminalisation of solidarity of NGOs and refugees in Europe

V. Tais Yáñez.

15 Nov, 2021

On 19th of October, 2021, the Israeli Defence Ministry outlawed six well known Palestinian humanitarian organisations for alleged connections with the Popular Front for the Liberation of Palestine, a left-wing group designated as terrorist by both the State of Israel and the European Union.

These organisations, some of whom work closely with Human Rights Watch and Amnesty International (HRW, 2021), support women, children and disabled people, compile evidence of human rights abuses against Palestinian civilians, and provide detainee and prisoner support. The staff of all six groups now risk becoming prisoners themselves.

This particular decision by the State of Israel cannot be seen as an isolated case but as part of the global phenomena of criminalisation of solidarity.

I find there are similarities between what UN experts deemed Israel’s "frontal attack on the Palestinian human rights movement, and on human rights everywhere"(UNHR, 2021) and the current actions of some European Union Member States like Italy whose response at the beginning of the so-called refugee crisis was scrapping the rescue Operation Mare Nostrum altogether and substitute it with the monitoring and patroling Operation Triton run by Frontex. In addition to this the EU has also chosen to systematically persecute Search and Rescue organisations operating in the Mediterranean, a process that started in 2017 with the seizure of Jugend Rettet’s ship Iuventa and the prosecution of her crew.

Militarising the borders signals the lack of political will of governments to implement humane asylum and migration policies that comply with International and Maritime Laws. Solidarity is built as an act of resistance, just like migratory dissent, states Stierl (2018), therefore removing this political meaning allows for the treatment of refugees and SAR workers as mere criminals.

A lot has been said about the legitimacy, or lack thereof, of detention of asylum seekers and persecution of Human Rights workers and Sea Rescue, as well as the practice of refoulement

or pushbacks,which is forbidden by articles 32 and 33 of the 1951 United Nations Geneva Convention signed by all EU States. Therefore, this paper is not focused on the legal aspect of Fortress Europe’s border control or persecution of refugees and NGOs, instead, it is a reflection on the ethics of what Derrida (2001) succinctly puts as “permitting the prosecution, and even the imprisonment, of those who take in and help foreigners whose status is held to be illegal. This ‘crime of hospitality”.

Here, I will examine the moral grounds for the repression of active empathy that prioritises state security over human security in countries which claim to possess liberal values of egalitarianism, harmony, collectivism and commitment to others (Vignoles, Smith, et al, 2018). I evaluate the contradiction of promoting diversity, solidarity, tolerance, hospitality in a context where thousands of people are forced to use unsafe routes to seek asylum and safety in Europe, and many end up losing their lives because of the EU’s response.

Let us take Greece as an example. Voutira (2016) refers to the ancient principle of Xenos Zeus that imposes a moral obligation to welcome and protect strangers. This concept has been co-opted by the right wing Greek government to market the country as a great tourist destination but, she explains, many scholars have pointed out the duplicity of inviting certain foreigners for a holiday whilst normalising and promoting xenophobia and violent attacks on the ‘other’ unwanted foreigners, namely, refugees and migrants, as well as aid workers and antifascist activists including the 2013 murder of 27-year-old Pakistani refugee Shehzad Luqman, and the fatal stabbing of 34-year-old antifascist activist and rapper Pavlos Fyssas for which parlamentarians of the neo-nazi party Golden Dawn were found guilty of collusion just in October 2020.

The labeling of the issue as a European ‘refugee crisis’ as an ‘invasion’, especially by the far-right but not only, allows for a selective Xenos Zeus and interpretations of other philosophical principles of hospitality . On one hand the sun-loving Northern European holiday makers own " the right of a stranger not to be treated as an enemy when he arrives in the land of another… only a right of temporary sojourn, a right to associate, which all men have” (Kant, 1795) In stark contrast should poor and dispossessed people just displaced fleeing war-torn zones attempt to enter Greece, or indeed, the European Union ‘one may refuse to receive him'' (ibid). Should we choose to interpret this line of Kant’s Third

Definitive Article for a Perpetual Peace as a right to reject strangers we could have a philosophical, but not legal, framework to justify the EU’s refusal of asylum seekers, however Kant specifies the process must be done in a way that the foreigner is not destroyed.

Moreover Kant compares the intentions and actions of outsiders in European soil, to those of European nations during their invasions to the American continent, Africa and India, some of which are ongoing in the 21st century, and in fact are root causes of displacement. He calls out the “powers which make a great show of their piety, and, while they drink injustice like water, they regard themselves as the elect in point of orthodoxy” (ibid)

The paradoxes between Europe’s values and actions are, as Mainwaring and DeBono (2021) put it, “made possible through an oscillating neo-colonial imagination of the sea as mare nostrum and mare nullius, our sea and nobody’s sea” . Our sea to control and protect at all cost and yet nobody’s which , they say, “allows the EU and its member states to avoid responsibility for deaths at sea”(ibid) . In contrast, the humanitarian workers seem to work on Barnett’s premise that ‘there is no natural geographical scene for the cultivation of responsibility’(2005) to protect human life.

Schark and Witcher (2020) state that NGOs are “criminalized because they challenge and interfere with state policies and practices of hostile hospitality”. NGOs place the three pillars of human security: “freedom from fear, freedom from want and freedom from indignities… before states, institutions and the regional/international system” (Tadjbakhsh, 2014). NGOs are the enemy within threatening sovereignty and state security by aiding ‘illegals’ who, the highly xenophobic and racist rhetoric goes, aim to cause the destruction of European identity, values and way of life and provoke what Balibar (2009) calls a ‘clash of civilisations’ whereby the ideal of civilisation for the EU is based on past historical events.

Ethical considerations matter because the paradoxical interpretation of European ethics and values underpin the justification the EU has for the creation of policy that has caused thousands of deaths of people seeking protection they are legally entitled to, and which, at the same time, criminalises search and rescue operations carried out by NGO volunteers motivated by these values such as Sarah Mardini, a former refugee herself, Sean Binder,

Nassos Karakitsos and other eighteen volunteers, collectively known as the Free Humanitarians, who are currently awaiting trial in Greece for severe charges such as breaking the NGO’s Code of Conduct, aiding illegal immigration, espionage, human trafficking and terrorism.

The crackdown on solidarity actions at sea in particular has deadly consequences as it makes it impossible for the crews to operate as criminalisation implies withdrawal of permits, closing of ports, and seizure of ships such as the Iuventa in 2017, the Acquarius operated by Doctors without Borders and SOS Mediterranee in 2018.

Therefore one of the main objectives of criminalising saving lives of refugees at sea or helping in the Balkan Route, the French mountains, and other unsafe routes, is to deter not only potential immigrants but also sympathetic European citizens and residents who might wish to take action despite the years of constant use of what Cusumano and Bell (2021) call “discursive criminalisation strategies that hinder their legitimacy and access to the humanitarian space”.

The dissemination of negative anti-refugee and anti-activist propaganda would not be possible without the European media. For instance, Cusumano and Bell (ibid) carried out a thorough research of the behaviour of the Italian media from 2014 to 2019, among their conclusions is that:

“criminalisation in a narrow sense, consisting of direct accusations of unlawful behaviour, was mainly confined to the right-wing outlet. Both the conservative and… the progressive paper, however, have indirectly contributed to the criminalisation of humanitarianism through four framing devices: associational links, metaphors, frame-jacking, and othering processes.”

This preponderance of negative frames and the legal battles that ensue also divert the conversation away from the real issue as denounced by Captain Carola Rackete: “the refugees fleeing conflicts who are stranded in the Mediterranean Sea and the European Union's lack of action to help them.” (Deutsche Welle, 2019)

Although this paper is a reflection on how European values of hospitality and solidarity can be interpreted by all the actors involved, criminalisation versus saving lives is a colonial narrative that turns the voiceless migrant into, either, an aggressor or a victim. Nevertheless, it is important to realise migrants themselves do not lack agency inasmuch as the migrant is not a nameless monolith who ‘has merely moved into a geographic space that is transformed by the activist… into a space of politics”(Stierl, 2019).

Migrant resistance, says Skleparis (2016) is not “ isolated incidence of mobilization of irregular migrants against the government in support for their rights in existing institutions” . Migrant resistance starts with movement. Refugees and migrants are being demonised and criminalised in Europe for their origin, for resisting oppression, for fleeing violence to seek a better life. They are also being increasingly charged with henious crimes like terrorism for taking emergency actions to prevent the wreckage of their own boats, thus saving the lives of the people making the risky crossing with them as is the case of Lamin, Abdalla and Abdul known as El HIblu 3 in Malta; and that of the Samos 2, Hasan and N, in Greece.

In conclusion, although the criminalisation of solidarity is a global phenomena, we can see that Europe is foregoing its own humanitarian values of which it prides itself such as hospitality and compassion in favour of a xenophobic securitization of borders by outlawing not only Search and Rescue operations but migrant action and survival itself as well.

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