Transcript Development in Relation to Implementation of the MEH

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