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RESCUE AT SEA A challenge for the Shipping Industry Esben Poulsson International Chamber of Shipping 1 What is ICS? International trade association for shipowners Represents all sectors and trades, 80% world fleet Members - national shipowners’ associations from 36 countries Represents global industry at IMO and other bodies that impact on shipping 2 International Marine Law The shipmaster has an obligation to render assistance to those in distress at sea without regard to their nationality, status or the circumstances in which they are found. This is a longstanding maritime tradition as well as an obligation enshrined in international law. Compliance with this obligation is essential to preserve the integrity of maritime search and rescue services. It is based on, inter alia, two essential texts: UNCLOS and SOLAS 3 UNCLOS and SOLAS “ 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: a) to render assistance to any person found at sea in danger of being lost; b) to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him.” 4 Government Responsibilities Essentially the next 3 slides confirm that Governments should establish an infrastructure ensuring: • SAR including mutual recognition. • Irrespective of nationality or status to promptly receive rescued persons ashore. 5 Government Responsibilities UNCLOS – obligation on every coastal State Party: “… promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements co-operate with neighbouring States for this purpose”. 6 Government Responsibilities SOLAS – requires 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 …” 7 Government Responsibilities SAR Convention, obliges State parties to: “…ensure that assistance be provided to any person in distress at sea…regardless of the nationality or status of such a person or the circumstances in which that person is found” and to .... provide for their initial medical or other needs, and deliver them to a place of safety.” 8 Amendments to SOLAS and SAR Convention Aim at: Maintaining the integrity of the SAR services, by ensuring that people in distress at sea are assisted while minimizing the inconvenience for the assisting ship They require the Contracting States/Parties to ....... 9 Contracting parties Co-ordinate 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 deviation from the ship’s intended voyage; and arrange disembarkation as soon as reasonably practicable. They also oblige masters who have embarked persons in distress at sea, to treat them with humanity, within the capabilities of the ship. 10 Rescue at Sea V.S. Piracy • Global response is tainted by Somalia piracy experience • Shipping will tend to treat all situations as potentially hostile Haradeere 11 Rescue at Sea? 12 Governments must do more • Unresolved piracy issues may limit any ship’s ability to address the needs of migrants and refugees • Regional Governments bordering high risk area should address concern • Reliable global statistics on rescue of migrants and refugees are required 13 International Shipping Owners, masters and crews are fully aware of and committed to meeting their legal and moral responsibilities. Governments have yet to demonstrate a commitment to their legal and moral responsibilities 14 International Shipping ICS, offers on behalf of international shipping, to cooperate with other cosponsors to review publication ‘Rescue at Sea’ Revised publication would need to reflect reality of piracy and constraints this imposes. 15 Thank You Esben Poulsson International Chamber of Shipping 16