persons rescued at sea (jakarta, 18 to 20 march 2013) hartmut hesse senior adviser to the sasg...
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Persons Rescued at SeaPersons Rescued at Sea(Jakarta, 18 to 20 March 2013)(Jakarta, 18 to 20 March 2013)
Hartmut HesseHartmut HesseSenior Adviser to the SASGSenior Adviser to the SASG
Office of the Secretary-GeneralOffice of the Secretary-GeneralInternational Maritime OrganizatioInternational Maritime Organizationn
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Shipmaster’s obligation to Shipmaster’s obligation to render assistance at sea render assistance at sea
Article 98 of the United Nations Article 98 of the United Nations Convention on the Law of the Sea, Convention on the Law of the Sea, 1982 (UNCLOS) …”Every State shall 1982 (UNCLOS) …”Every State shall require the master of a ship flying require the master of a ship flying its flag, in so far as he can do so its flag, in so far as he can do so without serious danger to the ship, without serious danger to the ship, the crew, or the passengers ... to the crew, or the passengers ... to render assistance to any person render assistance to any person found at sea in danger of being found at sea in danger of being lost …” lost …”
UNCLOSUNCLOS
Article 98 also imposes Article 98 also imposes an an obligation on States to obligation on States to
““promote the establishment, promote the establishment, operation and maintenance of an operation and maintenance of an adequate and effective search and adequate and effective search and rescue service regarding safety on rescue service regarding safety on and over the sea …”.and over the sea …”.
(SOLAS) Convention (SOLAS) Convention regulation V/33.1 regulation V/33.1
provides that the “master of a ship provides that the “master of a ship at sea which is in a position to be at sea which is in a position to be able to provide assistance, on able to provide assistance, on receiving information from any receiving information from any source that persons are in distress source that persons are in distress at sea, is bound to proceed with all at sea, is bound to proceed with all speed to their assistance, if speed to their assistance, if possible informing them or the possible informing them or the search and rescue service that the search and rescue service that the ship is doing so.” ship is doing so.”
SOLAS 1974 Parties …SOLAS 1974 Parties … ““to ensure that necessary to ensure that necessary
arrangements are made for arrangements are made for distress communication and distress communication and coordination in their area of coordination in their area of responsibility and for the rescue of responsibility and for the rescue of persons in distress at sea around persons in distress at sea around its coasts. These arrangements its coasts. These arrangements shall include the establishment, shall include the establishment, operation and maintenance of such operation and maintenance of such search and rescue facilities as are search and rescue facilities as are deemed practicable and deemed practicable and necessary…..". necessary…..".
International Convention International Convention on Maritime Search and on Maritime Search and
Rescue 1979 Rescue 1979
to develop an international SAR to develop an international SAR plan, so that, no matter where an plan, so that, no matter where an accident occurs, the rescue of accident occurs, the rescue of persons in distress at sea will be persons in distress at sea will be co-ordinated by a SAR organization co-ordinated by a SAR organization and, when necessary, by co-and, when necessary, by co-operation between neighbouring operation between neighbouring SAR organizations SAR organizations
BACKGROUNDBACKGROUND Container ship Tampa off Australia Container ship Tampa off Australia
in August 2001in August 2001 Resolution A.920(22) on the review Resolution A.920(22) on the review
of safety measures and procedures of safety measures and procedures for the treatment of persons for the treatment of persons rescued at sea (2001)rescued at sea (2001)
Inter-Agency InitiativeInter-Agency Initiative Amendments to SOLAS and SAR Amendments to SOLAS and SAR
Conventions: SOLAS regulation V/33 Conventions: SOLAS regulation V/33 and SAR Chapters 2, 3 & 4 and SAR Chapters 2, 3 & 4 respectively (2004)respectively (2004)
Entry into force 1 July 2006Entry into force 1 July 2006-2-
SOLAS / SAR Convention SOLAS / SAR Convention AmdtsAmdts
Amendments to the SOLAS and SAR Amendments to the SOLAS and SAR conventions aiming at complementing the conventions aiming at complementing the obligation of the master to render obligation of the master to render assistance by a corresponding obligation of assistance by a corresponding obligation of IMO Member Governments to co‑ordinate IMO Member Governments to co‑ordinate and co‑operate in relieving the master of and co‑operate in relieving the master of the responsibility to provide follow up care the responsibility to provide follow up care of survivors and to deliver the persons of survivors and to deliver the persons retrieved at sea to a place of safetyretrieved at sea to a place of safety
the intent of the amendments are to ensure the intent of the amendments are to ensure that in every case a place of safety is that in every case a place of safety is provided within a reasonable time and with provided within a reasonable time and with a minimum deviation a minimum deviation
contained in MSC Resolutions 153 (78) and contained in MSC Resolutions 153 (78) and 155(78)155(78)
BACKGROUNDBACKGROUND
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GuidelinesGuidelines Associated guidelines, contained in Associated guidelines, contained in
resolutionMSC.167(78)resolutionMSC.167(78) Governments should coordinate and Governments should coordinate and
co‑operate to ensure that masters of ships co‑operate to ensure that masters of ships providing assistance by embarking persons in providing assistance by embarking persons in distress at sea are released from their distress at sea are released from their obligations with minimum further delay and obligations with minimum further delay and deviation from the ship’s intended voyagedeviation from the ship’s intended voyage
Ensure that in every case a place of safety is Ensure that in every case a place of safety is provided within a reasonable time provided within a reasonable time
Primary responsibility to provide a place of Primary responsibility to provide a place of safety, or to ensure that a place of safety is safety, or to ensure that a place of safety is provided, falls on the Government responsible provided, falls on the Government responsible for the SRRfor the SRR
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Activities by IMOActivities by IMO IMO Inter-agency initiative: IMO Inter-agency initiative:
cooperation with UNHCR and other cooperation with UNHCR and other relevant entities: periodical relevant entities: periodical meetings and development of meetings and development of guidance leaflet on Rescue at Seaguidance leaflet on Rescue at Sea
Recent years: increased problems Recent years: increased problems particularly in Mediterranean sea particularly in Mediterranean sea (Malta, Italy and Spain) - (Malta, Italy and Spain) - involvement of different IMO involvement of different IMO bodies (MSC, FAL, LEG, COMSAR, bodies (MSC, FAL, LEG, COMSAR, FSI)FSI)
March 2010: Secretary General March 2010: Secretary General initiative to promote regional MoU initiative to promote regional MoU - idea of generating a pilot scheme- idea of generating a pilot scheme
to be extended to other areasto be extended to other areas-6-
Regional MoU on procedures relating Regional MoU on procedures relating to the disembarkation of persons to the disembarkation of persons
rescued at searescued at sea
Three meetings of initial Three meetings of initial consultation group: July 2010, consultation group: July 2010, April 2011 and June 2011 (Italy, April 2011 and June 2011 (Italy, Malta and Spain) Malta and Spain)
Meeting, Rome, October 2011, Meeting, Rome, October 2011, attended by 10 Member States attended by 10 Member States in the Mediterraneanin the Mediterranean
Restricted to purely maritime Restricted to purely maritime matters, in view of IMO's matters, in view of IMO's primary concern for the primary concern for the integrity of the search and integrity of the search and rescue systemrescue system
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Terms of Reference (1) Terms of Reference (1) Take into consideration:Take into consideration:
Response to increasing Response to increasing number of movement of number of movement of persons by seapersons by sea
Potential impact on the Potential impact on the integrity of the SAR integrity of the SAR system, safety of life at system, safety of life at sea, and policies of the sea, and policies of the receiving countriesreceiving countries
Pilot scheme to be Pilot scheme to be exported to other parts exported to other parts of the world, as of the world, as appropriateappropriate
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Terms of Reference (2) Terms of Reference (2)
Take into consideration Take into consideration (2):(2): Characteristics of region / prevailing weather conditionsCharacteristics of region / prevailing weather conditions Facilities in a port or place of safety (PPS)Facilities in a port or place of safety (PPS) Capacity of exercising controlCapacity of exercising control
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Terms of Reference (3)Terms of Reference (3) Participants agree to:Participants agree to:
Establish and strengthen Establish and strengthen co-operation among co-operation among Parties to cope with Parties to cope with incidents of persons incidents of persons rescued at sea (PRS)rescued at sea (PRS)
Establish a system of Establish a system of communicationcommunication
Safety of PRS is Safety of PRS is paramountparamount
Delivery of PRS to be Delivery of PRS to be smoothly, without delays smoothly, without delays
Rescuing ships to be Rescuing ships to be allowed to proceed to their allowed to proceed to their destinationdestination
Promotion of co-operation Promotion of co-operation for delivery of PRS to a for delivery of PRS to a PPSPPS
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Regional MoU on procedures Regional MoU on procedures relating to the relating to the
disembarkation of persons disembarkation of persons rescued at sea (1)rescued at sea (1)
Article 1: DefinitionsArticle 1: Definitions
- Parties, SRR, RCC, SAR unit and Distress Phase- Parties, SRR, RCC, SAR unit and Distress Phase Article 2: Areas of co-operationArticle 2: Areas of co-operation
- development of effective SAR services for respective SRR- development of effective SAR services for respective SRR
- Establishment of an effective system of communication- Establishment of an effective system of communication
- Safety of PRS is paramount- Safety of PRS is paramount
- Delivery of PRS to PPS takes place smoothly and without- Delivery of PRS to PPS takes place smoothly and without
delay delay
- Rescuing ships to be allowed to proceed to their- Rescuing ships to be allowed to proceed to their
destinationdestination
- Other co-operation: communication, arranging , by- Other co-operation: communication, arranging , by
agreement, delivery of PRS to PPSagreement, delivery of PRS to PPS-11-
Regional MoU (2)Regional MoU (2) Article 3: ResponsibilitiesArticle 3: Responsibilities
- ensure sufficient response mechanism- ensure sufficient response mechanism
- RCCs prepared to act quickly, - RCCs prepared to act quickly,
independently and decide timelyindependently and decide timely
- - effective plans of operation for responseeffective plans of operation for response
- transfer of responsibility to RCC for SRR- transfer of responsibility to RCC for SRR
- coordination before / during operation- coordination before / during operation
- provide PPS, upon justified request, - provide PPS, upon justified request,
taking into account respective capacitiestaking into account respective capacities Article 4: Information sharingArticle 4: Information sharing
- - RCCs to serve as information platforms forRCCs to serve as information platforms for
information exchange before / during information exchange before / during
distress phasedistress phase
- Promulgation of status / capacity of SAR- Promulgation of status / capacity of SAR
plans & servicesplans & services-12-
Regional MoU (3)Regional MoU (3) Article 5: Disembarkation of persons rescued at seaArticle 5: Disembarkation of persons rescued at sea
-- determination of PPS according to resolution determination of PPS according to resolution (MSC.167(78))(MSC.167(78))
-- provide PPS or ensure PPS is provided which provide PPS or ensure PPS is provided which may may be outside that SRR (next or nearest port)be outside that SRR (next or nearest port)
- - cooperation in providing suitable PPS, as may cooperation in providing suitable PPS, as may be be previously and specifically agreed with party previously and specifically agreed with party
concerned,] taking into account relevant concerned,] taking into account relevant factors, risks and circumstances factors, risks and circumstances
- - establish and communicate concerted establish and communicate concerted administrative procedures (rapid, effective)administrative procedures (rapid, effective)
- - any operations as to the status of PRS to beany operations as to the status of PRS to be
carried out after disembarkationcarried out after disembarkation-14-
Regional MoU (4)Regional MoU (4)
Article 5: Disembarkation of persons rescued at seaArticle 5: Disembarkation of persons rescued at sea
-- rapid decision making crucial – proper, agreedrapid decision making crucial – proper, agreedproceduresprocedures
-- assistance, minimizing inconvenience to ships, assistance, minimizing inconvenience to ships, integrity of SAR servicesintegrity of SAR services
-- cooperation of all parties concerned to ensure cooperation of all parties concerned to ensure disembarkation, vis-a-vis national requirements, disembarkation, vis-a-vis national requirements, persons’ basic needs and master’s preferencespersons’ basic needs and master’s preferences
-- particular circumstances of the caseparticular circumstances of the case
-- to facilitate rapid disembarkation and processing to facilitate rapid disembarkation and processing of PRS, PPS may be nearest port possibly outside of PRS, PPS may be nearest port possibly outside SAR if previously + specifically agreed with PartySAR if previously + specifically agreed with Party
-- [non-refoulement] [non-refoulement] -13-
Regional MoU (5)Regional MoU (5)
Articles 6 to 10: Articles 6 to 10:
Legal and Administrative aspects of the MoULegal and Administrative aspects of the MoU
-- Settlement of Disputes Settlement of Disputes
-- Rights Rights
-- Preservation of Legal Positions Preservation of Legal Positions
-- Amendment and Modification Amendment and Modification
-- [Duration, Withdrawal and Discontinuation][Duration, Withdrawal and Discontinuation]
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ConclusionsConclusions Development of Regional MoU for Development of Regional MoU for
the Mediterraneanthe Mediterranean Support by member States in that Support by member States in that
regionregion Potential pilot scheme for other Potential pilot scheme for other
regionsregions Complementary / supplementary to Complementary / supplementary to
Model Framework for CooperationModel Framework for Cooperation Continued cooperation with UNHCR Continued cooperation with UNHCR
and other relevant entities and other relevant entities -16-
History of discussion at History of discussion at IMOIMO
August 2001, Tampa incident off August 2001, Tampa incident off AustraliaAustralia
November 2001, at IMO Secretary-November 2001, at IMO Secretary-General initiative, 22nd IMO General initiative, 22nd IMO Assembly adopts resolution Assembly adopts resolution A.920(22) Review of Safety A.920(22) Review of Safety Measures and procedures for the Measures and procedures for the treatment of persons rescued at treatment of persons rescued at seasea
Secretary-General also proposed Secretary-General also proposed UN inter-agency mechanism among UN inter-agency mechanism among relevant UN agenciesrelevant UN agencies
History continuedHistory continued
March 2002, COMSAR 6 gave initial March 2002, COMSAR 6 gave initial consideration to the issueconsideration to the issue
Several delegations noted that the Several delegations noted that the issues involved were complex and dealt issues involved were complex and dealt with additional issues outside the with additional issues outside the scope of the SOLAS and SAR scope of the SOLAS and SAR Conventions.Conventions.
July 2002, First UN Inter-Agency July 2002, First UN Inter-Agency meeting, UNHCR, Geneva; relevant meeting, UNHCR, Geneva; relevant areas of competence defined areas of competence defined
History continuedHistory continued
May 2004, SOLAS and SAR convention May 2004, SOLAS and SAR convention amendments adopted by MSC 78, amendments adopted by MSC 78, (res. MSC 153(78) and res. MSC (res. MSC 153(78) and res. MSC 155(78) with associated Guidelines 155(78) with associated Guidelines (res. MSC 167(78)(res. MSC 167(78)
July 2004, Second UN Inter-Agency July 2004, Second UN Inter-Agency meeting, IMO Londonmeeting, IMO London
July 2006, SOLAS and SAR convention July 2006, SOLAS and SAR convention Amendments enter into forceAmendments enter into force
History continuedHistory continued
2006, joint UNHCR/IMO leaflet on 2006, joint UNHCR/IMO leaflet on Rescue at Sea developed and Rescue at Sea developed and distributed widelydistributed widely
July 2006, FAL Committee July 2006, FAL Committee established Correspondence group established Correspondence group on Administrative procedures for on Administrative procedures for disembarking persons rescued at seadisembarking persons rescued at sea
will report to FAL 35 in January 2009 will report to FAL 35 in January 2009
History continuedHistory continued
December 2007, Third Inter-Agency December 2007, Third Inter-Agency meeting UNHCR Genevameeting UNHCR Geneva
May 2008, MSC 84 agrees to May 2008, MSC 84 agrees to review Guidelines on the review Guidelines on the Treatment of Persons rescued at Treatment of Persons rescued at sea (res. 167(78)) and gives new sea (res. 167(78)) and gives new work programme item to COMSAR work programme item to COMSAR and FSI Sub-Committees, to and FSI Sub-Committees, to commence January 2009commence January 2009
Treatment of personsTreatment of personsrescued at searescued at sea
IMO Assembly resolution A.920(22) IMO Assembly resolution A.920(22) adopted in December 2001adopted in December 2001
requested various IMO bodies to requested various IMO bodies to review selected IMO Conventions review selected IMO Conventions to identify any gaps, to identify any gaps, inconsistencies, ambiguities, inconsistencies, ambiguities, vagueness or other inadequacies vagueness or other inadequacies associated with the treatment of associated with the treatment of persons rescued at sea. persons rescued at sea.
Objectives of res. A.920(22)Objectives of res. A.920(22)
to help ensure that:to help ensure that: .1.1 survivors of distress incidents survivors of distress incidents
are provided assistance regardless of are provided assistance regardless of nationality or status or the nationality or status or the circumstances in which they are circumstances in which they are found;found;
.2.2 ships, which have retrieved ships, which have retrieved persons in distress at sea, are able to persons in distress at sea, are able to deliver the survivors to a place of deliver the survivors to a place of safety; andsafety; and
A.920(22) continuedA.920(22) continued
.3.3 survivors, regardless of nationality survivors, regardless of nationality or status, including undocumented or status, including undocumented migrants, asylum seekers and migrants, asylum seekers and refugees, and stowaways, are treated, refugees, and stowaways, are treated, while on board, in the manner while on board, in the manner prescribed in the relevant IMO prescribed in the relevant IMO instruments and in accordance with instruments and in accordance with relevant international agreements and relevant international agreements and long-standing humanitarian maritime long-standing humanitarian maritime traditionstraditions..