Legal framework

The Committee, at its thirty-fifth session (12 to 16 January 2009), acknowledging the necessity for Member Governments to have common ground regarding the administrative procedures for disembarking persons rescued at sea, identified the following five essential principles that Member Governments should incorporate into their administrative procedures for disembarking persons rescued at sea in order to harmonize the procedures and make them efficient and predictable:

1. The coastal States should ensure that the search and rescue (SAR) service or other competent national authority coordinates its efforts with all other entities responsible for matters relating to the disembarkation of persons rescued at sea;
2. It should also be ensured that any operations and procedures such as screening and status assessment of rescued persons that go beyond rendering assistance to persons in distress are to be carried out after disembarkation to a place of safety. The master should normally only be asked to aid such processes by obtaining information about the name, age, gender, apparent health and medical condition and any special medical needs of any person rescued. If a person rescued expresses a wish to apply for asylum, great consideration must be given to the security of the asylum seeker. When communicating this information, it should therefore not be shared with his or her country of origin or any other country in which he or she may face threat;
3. All parties involved (for example, the Government responsible for the SAR area where the persons are rescued, other coastal States in the planned route of the rescuing ship, the Flag state, the shipowners and their representatives, States of nationality or residence of the persons rescued, the State from which the persons rescued departed, if known, and the United Nations High Commissioner for Refugees (UNHCR)) should cooperate in order to ensure that disembarkation of the persons rescued is carried out swiftly, taking into account the masterís preferred arrangements for disembarkation and the immediate basic needs of the rescued persons. The Government responsible for the SAR area where the persons were rescued should exercise primary responsibility for ensuring such cooperation occurs. If disembarkation from the rescuing ship cannot be arranged swiftly elsewhere, the Government responsible for the SAR area should accept the disembarkation of the persons rescued in accordance with immigration laws and regulations of each Member State into a place of safety under its control in which the persons rescued can have timely access to post rescue support;
4. All parties involved should cooperate with the Government of the area where the persons rescued have been disembarked to facilitate the return or repatriation of the persons rescued. Rescued asylum seekers should be referred to the responsible asylum authority for an examination of their asylum request; and
5. International protection principles as set out in international instruments should be followed

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:

(a) in defence of any person from unlawful violence;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) in action lawfully taken for the purpose of quelling a riot or insurrection.

Source: European Convention on Human Rights

Collective expulsion of aliens is prohibited.

Source: European Convention on Human Rights

Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity

Source: European Convention on Human Rights

2.3.1 The RCC is an operational facility responsible for promoting efficient organization of SAR services and for coordinating the conduct of SAR operations within an SRR. An RCC co-ordinates, but does not necessarily provide, SAR facilities throughout the internationally recognized SRR described in either the Regional Air Navigation Plans (RANPs) of ICA0 or the Global SAR Plan of IMO. Aeronautical SAR responsibility may be met by means of an aeronautical RCC (ARCC). Coastal States with the added responsibility for maritime SAR incidents can meet this with a maritime RCC (MRCC). When practicable, States should consider combining their SAR resources into a joint RCC (JRCC), responsible for both aeronautical and maritime SAR incidents or co-locating their maritime an aeronautical RCCs.

Note: The term RCC will be used within this Manual to apply to either aeronautical or maritime centres; ARCC or MRCC will be used as the context warrants.

2.3.2 SAR managers should ensure that the RCC is familiar with the capabilities of all of the facilities available for SAR in its SRR. Collectively, these facilities are the means by which the RCC conducts its operations. Some of these facilities will be immediately suitable for use; others may have to be enhanced by changing organizational relationships or supplying extra equipment and training. If the facilities available in certain parts of an SRR cannot provide adequate assistance, arrangements should be made to provide additional facilities.

2.3.3 Cooperative arrangements among States could make it unnecessary for some States to have an RCC. RSCs (discussed later in this chapter) may be established under an RCC of the State concerned, under an RCC operated by another State or under an RCC operated by more than one State.

2.3.4 JRCCs can be established at minimal cost by combining aeronautical and maritime RCCs. Staffing would be determined by the responsible agencies and could include joint staffing by more than one agency. This cooperation could help in developing better capabilities and plans to assist both aircraft and ships in distress. Benefits include:

• fewer facilities to establish or maintain;
• reduced cost;
• less comlexity for alerting in forwarding distress alerts; and
• better co-ordination and sharing of SAR expertise

A costal State may have a MRCC but not be able to be provided with an ARCC, in such a case, the SAR manager should arrange a suitable organizational relationship to provide the MRCC with aeronautical advice. Advice may be available from aeronautical facilities close to hand, such as an aerodrome tower, an ARCC, a flight information center (FIC), or an area control center (ACC).

2.3.5 Properly established, the JRCC may improve SAR service performance in most areas. The RCC chief operates the JRCC so that neither the aeronautical nor maritime community receives special attention at the expense of the other.

Purpose and requirements

2.3.6 ICAO’s Annex 12 and the International Convention on Maritime Search and Rescue require that SAR providers establish an RCC for each SRR. The following sections detail some minimum requirements for these centres. More information on specific RCC and RSC requirements is provided in the International Aeronautical and Maritime Search and Rescue Manual for Mission Co-ordination.

2.3.7 The RCC must have certain basic capabilities before it is recognized as having responsibility for an SRR by listing in the ICA0 RANP or the IMO Global SAR Plan. Additional or improved capabilities may be added as ability and resources permit. A fully capable RCC may be viewed as having two sets of capabilities, “required” and “desired.” Figure 2-2 outlines these capabilities.

Capabilities of a fully capable RCC

Required

• 24-hour availibility
• Trained persons
• Persons with a working knowledge of the English language
• Charts which apply to the SRR (aeronautical, nautical, topographic and hydrographic)
• Means of plotting
• Ability to receive distress alerts, e.g from MCCs, CESs, etc.
• Immediate communications with:
  • associated ATS units
  • associated RSCs
  • DF and position-fixing stations
  • associated CRSs
• Rapid and reliable communications with:
  • parent agencies of SRUs
  • adjacent RCCs
  • designated meteorological offices
  • employed SRUs
  • alerting posts
• Plans of operation

Desired

• Wall chart depicting SRR, SRSs, and neighboring SRRs, SAR resources
• Computer resources
• Databases

2.3.8 An RCC should be located where it can effectively perform its functions within its SRR. The RCC may use accommodations at an existing suitable facility. Often agencies responsible for communications, defense, law enforcement, air and marine services or other primary missions have an operations centre which can be readily adapted for use also as an RCC. These centers, while not dedicated only to SAR, may act as RCCs in addition to their other functions as long as the centres and their staff meet the SAR requirements. Coordination skills used for other purposes are similar to those used to manage a SAR mission. This arrangement makes use of existing equipment and trained experienced staff. However, additional personnel or space may be needed depending on the expected number and complexity of SAR operations. Also, the RCC may be located close to a well-equipped centre such as a flight information centre (FIC) or area control centre (ACC) so that additional communications facilities can be kept to a minimum. In addition to communications facilities and general office equipment, a desk, plotting space, charts showing the RCC’s area of responsibility and adjacent areas and filing space are needed. Use of various technologies may improve the RCC performance and affect the staffing and training requirements.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. […]

Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

International Covenant on Civil and Political Rights (1966): https://www.ohchr.org/Documents/ProfessionalInterest/ccpr.pdf

1. No State Party shall expel, return (“refouler”) or extradite a person to another State where

there are substantial grounds for believing that he would be in danger of being subjected to

torture.

2. For the purpose of determining whether there are such grounds, the competent authorities shall

take into account all relevant considerations including, where applicable, the existence in the

State concerned of a consistent pattern of gross, flagrant or mass violations of

human rights.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984): https://www.ohchr.org/Documents/ProfessionalInterest/cat.pdf

Entry into force: 16/11/1994

Signatories : 157 / Parties : 168

• Egypt (26/08/1983)
• Tunisia (24/04/1985)
• Italy (13/01/1995)
• Greece (21/06/1995)
• France (11/04/1996)
• Algeria (11/06/1996)
• Spain (15/01/1997)

Libya signed the treaty on the 03/12/1984 but didn’t ratify it.

Source: https://treaties.un.org/Pages/ViewDetailsIII.aspx?src=TREATY&mtdsg_no=XXI-6&chapter=21&Temp=mtdsg3&clang=_en

Every State, whether coastal or land-locked, has the right to sail ships

flying its flag on the high seas.

1. In the exclusive economic zone, all States, whether coastal or

land-locked, enjoy, subject to the relevant Provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines, and compatible with the other Provisions of this Convention.

2. Articles 88 to 115 and other pertinent rules of international law

apply to the exclusive economic zone in so far as they are not incompatible with this Part.

3. In exercising their rights and performing their duties under this

Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the Coastal State and shall comply with the laws and regulations adopted by the Coastal State in accordance with the Provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part.

Source: UNCLOS

1. The high seas are open to all States, whether coastal or land-locked.

Freedom of the high seas is exercised under the conditions laid down by this Convention and by other rules of international law. It comprises,

inter alia, both for coastal and land-locked States:

(a) freedom of navigation;

(b) freedom of overflight;

(c) freedom to lay submarine cables and pipelines, subject to

Part VI;

(d) freedom to construct artificial islands and other installations

permitted under international law, subject to Part VI;

(e) freedom of fishing, subject to the conditions laid down in

section 2;

(f) freedom of scientific research, subject to Parts VI and XIII.

2. These freedoms shall be exercised by all States with due regard for

the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area.

Source: UNCLOS

1. In a zone contiguous to its territorial sea, described as the contiguous

zone, the Coastal State may exercise the control necessary to:

(a) prevent infringement of its customs, fiscal, immigration or

sanitary laws and regulations within its territory or territorial

sea;

(b) punish infringement of the above laws and regulations

committed within its territory or territorial sea.

2. The Contiguous zone may not extend beyond 24 Nautical Miles from

the baselines from which the breadth of the territorial sea is measured.

Source: UNCLOS

1. The Coastal State should not stop or divert a foreign ship passing

through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship.

2. The Coastal State may not levy execution against or arrest the ship

for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the Course or for the purpose of its voyage through the waters of the Coastal State.

3. Paragraph 2 is without prejudice to the right of the Coastal State, in

accordance with its laws, to levy execution against or to arrest, for the

purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving internal waters.

Source: UNCLOS

1. The criminal jurisdiction of the Coastal State should not be exercised

on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:

(a) if the consequences of the crime extend to the Coastal State;

(b) if the crime is of a kind to disturb the peace of the country or

the good order of the territorial sea;

(c) if the assistance of the local authorities has been requested by

the master of the ship or by a diplomatic agent or consular

officer of the Flag state; or

(d) if such measures are necessary for the suppression of illicit

traffic in narcotic drugs or psychotropic substances.

2. The above Provisions do not affect the right of the Coastal State to

take any steps authorized by its laws for the purpose of an arrest or

investigation on board a foreign ship passing through the territorial sea after leaving internal waters.

3. In the cases provided for in paragraphs 1 and 2, the Coastal State

shall, if the master so requests, notify a diplomatic agent or consular officer of the Flag state before taking any steps, and shall facilitate contact between such agent or officer and the ship’s crew. In cases of emergency this notification may be communicated while the measures are being taken.

4. In considering whether or in what manner an arrest should be made,

the local authorities shall have due regard to the interests of navigation.

5. Except as provided in Part XII or with respect to violations of laws

and regulations adopted in accordance with Part V, the Coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters.

Source: UNCLOS

1. The Coastal State may take the necessary steps in its territorial sea to

prevent passage which is not innocent.

2. In the case of ships proceeding to internal waters or a call at a port

facility outside internal waters, the Coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject.

3. The Coastal State may, without discrimination in form or in fact

among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published.

Source :UNCLOS

1. The Coastal State shall not hamper the innocent passage of foreign

ships through the territorial sea except in accordance with this Convention.

In particular, in the application of this Convention or of any laws or

regulations adopted in conformity with this Convention, the Coastal State shall not:

(a) impose requirements on foreign ships which have the practical

effect of denying or impairing the right of innocent passage; or

(b) discriminate in form or in fact against the ships of any State or

against ships carrying cargoes to, from or on behalf of any

State.

2. The Coastal State shall give appropriate publicity to any danger to

navigation, of which it has knowledge, within its territorial sea.

Source: UNCLOS

Every State has the right to establish the breadth of its territorial sea up

to a limit not exceeding 12 Nautical Miles, measured from baselines

determined in accordance with this Convention.

Source : UNCLOS

1. Passage means navigation through the territorial sea for the purpose

of:

(a) traversing that sea without entering internal waters or calling at

a roadstead or port facility outside internal waters; or

(b) proceeding to or from internal waters or a call at such roadstead

or port facility.

2. Passage shall be continuous and expeditious. However, passage

includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

Source : UNCLOS

1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96, is not justified in boarding it unless there is reasonable ground for suspecting that:

• a. the ship is engaged in piracy;
• b. the ship is engaged in the slave trade;
• c. the ship is engaged in unauthorized broadcasting and the Flag state of the warship has jurisdiction under article 109;
• d. the ship is without nationality; or
• e. though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship

2. In the cases provided for in paragraph 1, the warship may proceed to verify the ship’s right to fly its flag. To this end, it may send a boat under the command of an officer to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further examination on board the ship, which must be carried out with all possible consideration.

3. If the suspicions prove to be unfounded, and provided that the ship boarded has not committed any act justifying them, it shall be compensated for any loss or damage that may have been sustained.

4. These Provisions apply mutatis mutandis to military aircraft. These Provisions also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being on government service.

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/UNCLOS/unclos_e.pdf

Piracy consists of any of the following acts:

• a. any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
  • i. on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
  • ii. against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
• b. any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/UNCLOS/unclos_e.pdf

1. 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;
• c. after a collision, to render assistance to the other ship, its crew and its passengers and, where possible, to inform the other ship of the name of his own ship, its port of registry and the nearest port at which it will call.

Every Coastal State shall 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 cooperate with neighbouring States for this purpose.

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/UNCLOS/unclos_e.pdf

Ships owned or operated by a State and used only on government non-commercial service shall, on the high seas, have complete immunity from the jurisdiction of any State other than the Flag state.

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/UNCLOS/unclos_e.pdf

Warships on the high seas have complete immunity from the jurisdiction of any State other than the Flag state.

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/UNCLOS/unclos_e.pdf

1. Passage means navigation through the territorial sea for the purpose of:

• a. traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or
• b. proceeding to or from internal waters or a call at such roadstead or port facility.

Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental 31 to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/UNCLOS/unclos_e.pdf

Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.

UNCLOS : http://www.un.org/depts/los/convention_agreements/texts/UNCLOS/unclos_e.pdf

Entry into force: 22/04/1954

• France (23/06/1954)
• Italy (15/11/1954)
• Morocco (07/11/1956)
• Tunisia (24/10/1957)
• Greece (05/04/1960)
• Algeria (21/02/1963)
• Spain (14/08/1978)

Libya didn’t ratify the Refugees’ Convention.

Source : https://treaties.un.org/pages/ViewDetailsII.aspx?src=TREATY&mtdsg_no=V-2&chapter=5&Temp=mtdsg2&clang=_en

1. No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.

2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country.

Each Contracting State shall accord to refugees lawfully in its territory the right to choose their place of residence and to move freely within its territory, subject to any regulations applicable to aliens generally in the same circumstances.

The Refugee Convention, 1951 : http://www.unhcr.org/4ca34be29.pdf

Entry into force: 25/05/1980

Contracting states (on August 2018) : 164 (99,19% of the world total tonnage)

Ratified and entered into force in the following countries:

• France (25/05/1980)
• Algeria (03/02/1984)
• Italy (11/09/1980)
• Greece (25/05/1980)
• Spain (25/05/1980)
• Tunisia (06/11/1980)
• Morocco (28/09/1990)
• Malta (08/11/1886)
• Libya (02/10/1981)
• Egypt (04/12/1981)

Source: https://GISIS.IMO.org/Public/ST/Ratification.aspx?tid=2

Entry into force: 22/06/1985

Contracting states (on August 2018) : 111 (80,54% of the world total tonnage)

Ratified and entered into force in the following countries:

• France (22/06/1985)
• Algeria (22/06/1985)
• Italy (02/07/1989)
• Greece (04/10/1989)
• Spain (13/03/1993)
• Tunisia (30/08/1998)
• Morocco (09/06/1999)
• Malta (24/10/2002)
• Libya (28/05/2005)

Egypt didn’t ratified the SAR Convention 1979.

Source: https://GISIS.IMO.org/Public/ST/Ratification.aspx?tid=13

4.1 Preparatory measures

4.1.1 Each rescue co-ordination centre and rescue sub-centre shall have available up-to-date information especially concerning search and rescue facilities and available communications relevant to search and rescue operations in its area.

4.1.2 Each rescue co-ordination centre and rescue sub-centre should have ready access to information regarding the position, Course, and speed of vessels within its area which may be able to provide assistance to persons, vessels or other craft in distress at sea, and regarding how to contact them. This information should either be kept in the rescue co-ordination centre, or be readily obtainable when necessary.

4.2 Information concerning emergencies

4.2.3 Any authority or element of the search and rescue service having reason to believe that a person, a vessel or other craft is in a state of emergency shall forward as soon as possible all available information to the rescue co-ordination centre or rescue sub-centre concerned.

4.3 Initial action

Any search and rescue unit receiving information of a distress incident shall initially take immediate action if in the position to assist and shall, in any case without delay, notify the rescue co-ordination centre or rescue subcentre in whose area the incident has occurred.

4.7 on-scene co-ordination of search and rescue activities

4.7.1 The activities of search and rescue units and other facilities in search and rescue operations shall be co-ordinated on-scene to ensure most effective results.

4.7.2 When multiple facilities are about to engage in search and rescue operations, and the rescue co-ordination centre or rescue sub-centre considers it necessary, the most capable person should be designated as onscene co-ordinator as early as practicable and preferably before the facilities arrive within the specified area of operation. Specific responsibilities shall be assigned to the on-scene co-ordinator. into account the apparent capabilities of the on-scene co-ordinator and operational

4.7.3 If there is no responsible rescue co-ordination centre or, for any reason, the responsible rescue co-ordination centre is unable to co-ordinate the search and rescue mission, the facilities involved should designate an on-scene co-ordinator by mutual agreement.

SAR Convention (1979) : http://www.IMO.org/en/KnowledgeCentre/IndexofIMOResolutions/Maritime-Safety-Committee-(MSC)/Documents/MSC.70(69).pdf

3.1.1

Parties shall co-ordinate their search and rescue organizations and should, whenever necessary, co-ordinate search and rescue operations with those of neighbouring States.

3.1.2 Unless otherwise agreed between the States concerned, a Party should authorize, subject to applicable national laws, rules and regulations, immediate entry into or over its territorial sea or territory of rescue units of other Parties solely for the purpose of searching for the position of maritime casualties and rescuing the survivors of such casualties. In such cases, search and rescue operations shall, as far as practicable, be co-ordinated by the appropriate rescue co-ordination centre of the Party which has authorized entry, or such other authority as has been designated by that Party.

3.1.3 Unless otherwise agreed between the States concerned, the authorities of a Party which wishes its rescue units to enter into or over the territorial sea or territory of another Party solely tor the purpose of searching for the position of maritime casualties and rescuing the survivors of such casualties, shall transmit a request, giving full detail, of the projected mission and the need for it, to the rescue co-ordination centre of that other Party. or to such other authority as has been designated by that Party.

3.1.4 The responsible authorities of Parties shall:

• .1 immediately acknowledge the receipt of such a request; and
• .2 as soon as possible, indicate the conditions, if any, under which the projected mission may be undertaken.

3.1.5

Parties should enter into agreements with neighbouring States setting forth the conditions for entry of each other’s search and rescue units into or over their respective territorial sea or territory. These agreements should also provide for expediting entry of such units with the least possible formalities.

3.1.6 Each Party should authorize its rescue co-ordination centres:
.1 to request from other rescue co-ordination centres such assistance, including vessels, aircraft, personnel or equipment, as may be needed;
.2 to grant any necessary permission for the entry of such vessels, aircraft, personnel or equipment into or over its territorial sea or territory;
.3 to make the necessary arrangements with the appropriate customs, immigration, health or other authorities with a view to expediting such entry; and
.4 to make the necessary arrangements in co-operation with other RCCs to identify the most appropriate place(s) for disembarking persons found in distress at sea.

3.1.7 Each Party shall ensure that its rescue co-ordination centres provide, when requested, assistance to other rescue co-ordination centres, including assistance in the form of vessels, aircraft, personnel or equipment.

3.1.8 Parties should enter into agreements with other States, where appropriate, to strengthen search and rescue co-operation and co-ordination. Parties shall authorize their responsible authority to make operational plans and arrangements for search and rescue co-operation and co-ordination with responsible authorities of other States.

3.1.9 Parties shall 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 ships´ intended voyage, provided that releasing the master of the ship from these obligations does not further endanger the safety of life at sea. The Party responsible for the Search and Rescue Region in which such assistance is rendered shall exercise primary responsibility for ensuring such co-ordination and co-operation occurs, so that survivors assisted are disembarked from the assisting ship and delivered to a place of safety, taking into account the particular circumstances of the case and guidelines developed by the Organization. In these cases, the relevant Parties shall arrange for such disembarkation to be effected as soon as reasonably practicable.

SAR Convention (1979) : http://www.IMO.org/en/KnowledgeCentre/IndexofIMOResolutions/Maritime-Safety-Committee-(MSC)/Documents/MSC.70(69).pdf

2.1.9 Parties having accepted responsibility to provide search and rescue services for a specified area shall use search and rescue units and other available facilities for providing assistance to a person who is, or appears to be, in distress at sea.

2.1.10 Parties shall ensure that assistance be provided to any person in distress at sea. They shall do regardless of the nationality or status of such a person or the circumstances in which that person is found.

SAR Convention (1979) : http://www.IMO.org/en/KnowledgeCentre/IndexofIMOResolutions/Maritime-Safety-Committee-(MSC)/Documents/MSC.70(69).pdf

1.3 The terms listed below are used in the annex with the following meanings:

1. Search: An operation, normally co-ordinated by a rescue coordination centre or rescue sub-centre, using available personnel and facilities to locate persons in distress;

2. Rescue: An operation to retrieve persons in distress, provide for their initial medical or other needs, and deliver them to a place of safety;

3. Search and rescue service: The performance of distress monitoring, communication, co-ordination and search and rescue functions, including provision of medical advice, initial medical assistance, or medical evacuation, through the use of public and private resources including co-operating aircraft, vessels and other craft and installations;

4. Search and Rescue Region: An area of defined dimensions associated with a rescue co-ordination cente within which search and rescue services are provided;

5. Rescue co-ordination centre: A unit responsible for promoting efficient organization of search and rescue services and for coordinating the conduct ofsearch and rescue operations within a Search and Rescue Region;

6. Rescue sub-centre: A unit subordinate to a rescue co-ordination centre established to complement the latter according to particular Provisions of the responsible authorities;

7. Search and rescue facility: Any mobile resource, including designated search and rescue units, used to conduct search and rescue operations;

8. Search and rescue unit: A unit composed of trained personnel and provided with equipment suitable for the expeditious conduct of search and rescue operations;

9. Alerting post: Any facility intended to serve as an intermediary between a person reporting an emergency and a rescue coordination centre or rescue sub-centre;

10. Emergency phase: A generic term meaning, as the case may be, Uncertainty phase, Alert phase or distress phase;

11. Uncertainty phase: A situation wherein uncertainty exists as to the safety of a person, a vessel or other craft;

12. Alert phase: A situation wherein apprehension exists as to the safety of a person, a vessel or other craft:

13. distress phase: A situation wherein there is a reasonable certainty that a person, a vessel or other craft is threatened by grave and imminent danger and requires immediate assistance;

14. on-scene co-ordinator: A person designated to co-ordinate search and rescue operations within a specified area;

SAR Convention (1979) : http://www.IMO.org/en/KnowledgeCentre/IndexofIMOResolutions/Maritime-Safety-Committee-(MSC)/Documents/MSC.70(69).pdf

.1 the NAVTEX broadcast is not suitable for distress traffic. Therefore, only the initial distress message should be retransmitted on the NAVTEX using B2 = D, in order to alert mariners to a distress situation, by setting off an audio alarm.

.2 a single authority, which will normally be a RCC, should be designated SAR Coordinator to input information via NAVTEX Coordinator, for a NAVTEX message. The initial shore to ship distress related message should have previously been broadcasted on the appropriate distress freauency prior to any related NAVTEX message being broadcast.

1.   The operational plan shall contain, in accordance with international law and respect for fundamental rights, at least the following modalities for the disembarkation of the persons intercepted or rescued in a sea operation:

If it is not possible to arrange for the participating unit to be released of its obligation referred to in Article 9(1) as soon as reasonably practicable, taking into account the safety of the rescued persons and that of the participating unit itself, it shall be authorised to disembark the rescued persons in the host Member State.

Those modalities for disembarkation shall not have the effect of imposing obligations on Member States not participating in the sea operation unless they expressly provide authorisation for measures to be taken in their territorial sea or Contiguous zone in accordance with Article 6(6) or Article 8(2).

The operational plan may contain details adapted to the circumstances of the sea operation concerned.

2.   The participating units shall inform the International Coordination Centre of the presence of any persons within the meaning of Article 4, and the International Coordination Centre shall transmit that information to the competent national authorities of the country where disembarkation takes place.

The operational plan shall contain the contact details of those competent national authorities, which shall take appropriate follow-up measures.

Source : REGULATION (EU) No 656/2014

1.   Member States shall observe their obligation to render assistance to any vessel or person in distress at sea and, during a sea operation, they shall ensure that their participating units comply with that obligation, in accordance with international law and respect for fundamental rights. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found.

2.   For the purpose of dealing with search and rescue situations that may occur during a sea operation, the operational plan shall contain, in accordance with relevant international law, including that on search and rescue, at least the following Provisions:

The operational plan may contain details adapted to the circumstances of the sea operation concerned.

3.   Where the search and rescue situation has been concluded, the participating unit shall, in consultation with the International Coordination Centre, resume the sea operation.

Source

: REGULATION (EU) No 656/2014

1.   On the high seas, where there are reasonable grounds to suspect that a vessel is engaged in the smuggling of migrants by sea, the participating units shall take one or more of the following measures, subject to the authorisation of the Flag state, in accordance with the Protocol against the Smuggling of Migrants, and where relevant, national and international law:

2.   If evidence confirming that suspicion is found, the participating units may take one or more of the following measures, subject to the authorisation of the Flag state, in accordance with the Protocol against the Smuggling of Migrants, and where relevant, national and international law:

3.   Any measure taken in accordance with paragraph 1 or 2 shall be proportionate and shall not exceed what is necessary to achieve the objectives of this Article.

4.   For the purposes of paragraphs 1 and 2, the host Member State shall instruct the participating unit appropriately through the International Coordination Centre.

5.   Where the vessel is flying the flag or displays the marks of registry of the host Member State or of a participating Member State, that Member State may, after confirming the nationality of the vessel, authorise one or more of the measures laid down in paragraphs 1 and 2. The host Member State shall then instruct the participating unit appropriately through the International Coordination Centre.

6.   Where the vessel is flying the flag or displays the marks of registry of a Member State that is not participating in the sea operation or of a third country, the host Member State or a participating Member State, depending on whose participating unit has intercepted that vessel, shall notify the Flag state, shall request confirmation of registry and, if nationality is confirmed, shall request that the Flag state take action to suppress the use of its vessel for smuggling of migrants. If the Flag state is unwilling or unable to do so either directly or with the assistance of the Member State to whom the participating unit belongs, that Member State shall request authorisation from the Flag state to take any of the measures laid down in paragraphs 1 and 2. The host Member State or the participating Member State shall inform the International Coordination Centre of any communication with the Flag state and of the intended actions or measures authorised by the Flag state. The host Member State shall then instruct the participating unit appropriately through the International Coordination Centre.

7.   Where, though flying a foreign flag or refusing to show its flag, there are reasonable grounds to suspect that the vessel is, in reality, of the same nationality as a participating unit, that participating unit shall verify the vessel’s right to fly its flag. To that end, it may approach the suspect vessel. If suspicion remains, it shall proceed to a further examination on board the vessel, which shall be carried out with all possible consideration.

8.   Where, though flying a foreign flag or refusing to show its flag, there are reasonable grounds to suspect that the vessel is, in reality, of the nationality of the host Member State or a participating Member State, the participating unit shall verify the vessel’s right to fly its flag.

9.   Where, in the cases referred to in paragraph 7 or 8, the suspicions regarding the nationality of the vessel prove to be founded, that host Member State or that participating Member State may authorise one or more of the measures laid down in paragraphs 1 and 2. The host Member State shall then instruct the participating unit appropriately through the International Coordination Centre.

10.   Pending or in the absence of authorisation of the Flag state, the vessel shall be surveyed at a prudent distance. No other measures shall be taken without the express authorisation of the Flag state, except those necessary to relieve imminent danger to the lives of persons or those measures which derive from relevant bilateral or multilateral agreements.

11.   Where there are reasonable grounds to suspect that a stateless vessel is engaged in the smuggling of migrants by sea, the participating unit may board and search the vessel with a view to verifying its statelessness. If evidence confirming that suspicion is found, the participating unit shall inform the host Member State which may take, directly or with the assistance of the Member State to whom the participating unit belongs, further appropriate measures as laid down in paragraphs 1 and 2 in accordance with national and international law.

12.   A Member State whose participating unit has taken any measure in accordance with paragraph 1 shall promptly inform the Flag state of the outcome of that measure.

13.   The national official representing the host Member State or a participating Member State at the International Coordination Centre shall be responsible for facilitating communications with the relevant authorities of that Member State in seeking authorisation to verify the right of a vessel to fly its flag or to take any of the measures laid down in paragraphs 1 and 2.

14.   Where the grounds to suspect that a vessel is engaged in the smuggling of migrants on the high seas prove to be unfounded or where the participating unit does not have jurisdiction to act, but there remains a reasonable suspicion that the vessel is carrying persons intending to reach the border of a Member State and to circumvent checks at border crossing points, that vessel shall continue to be monitored. The International Coordination Centre shall communicate information about that vessel to the National Coordination Centre of the Member States towards which it is directed.

Source

: REGULATION (EU) No 656/2014

This Regulation shall apply to border surveillance operations carried out by Member States at their external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.

Source: REGULATION (EU) No 656/2014

1.   No person shall, in contravention of the principle of non-refoulement, be disembarked in, forced to enter, conducted to or otherwise handed over to the authorities of a country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another country in contravention of the principle of non-refoulement.

2.   When considering the possibility of disembarkation in a third country, in the context of planning a sea operation, the host Member State, in coordination with participating Member States and the Agency, shall take into account the general situation in that third country.

The assessment of the general situation in a third country shall be based on information derived from a broad range of sources, which may include other Member States, Union bodies, offices and agencies, and relevant international organisations and it may take into account the existence of agreements and projects on migration and asylum carried out in accordance with Union law and through Union funds. That assessment shall be part of the operational plan, shall be provided to the participating units and shall be updated as necessary.

Intercepted or rescued persons shall not be disembarked, forced to enter, conducted to or otherwise handed over to the authorities of a third country when the host Member State or the participating Member States are aware or ought to be aware that that third country engages in practices as described in paragraph 1.

3.   During a sea operation, before the intercepted or rescued persons are disembarked in, forced to enter, conducted to or otherwise handed over to the authorities of a third country and taking into account the assessment of the general situation in that third country in accordance with paragraph 2, the participating units shall, without prejudice to Article 3, use all means to identify the intercepted or rescued persons, assess their personal circumstances, inform them of their destination in a way that those persons understand or may reasonably be presumed to understand and give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement.

For those purposes, further details shall be provided for in the operational plan including, when necessary, the availability of shore-based medical staff, interpreters, legal advisers and other relevant experts of the host and participating Member States. Each participating unit shall include at least one person with basic first aid training.

The report referred to in Article 13 shall, based on information that shall be provided by the host and participating Member States, include further details on cases of disembarkation in third countries and how each element of the procedures laid down in the first subparagraph of this paragraph was applied by the participating units to ensure compliance with the principle of non-refoulement.

4.   Throughout a sea operation, the participating units shall address the special needs of children, including unaccompanied minors, victims of trafficking in human beings, persons in need of urgent medical assistance, disabled persons, persons in need of international protection and other persons in a particularly vulnerable situation.

5.   Any exchange with third countries of personal data obtained during a sea operation for the purposes of this Regulation shall be strictly limited to what is absolutely necessary and shall be carried out in accordance with Directive 95/46/EC of the European Parliament and of the Council (16), Council Framework Decision 2008/977/JHA (17) and relevant national Provisions on data protection.

The exchange with third countries of personal data regarding intercepted or rescued persons obtained during a sea operation shall be prohibited where there is a serious risk of contravention of the principle of non-refoulement.

6.   Participating units shall, in the performance of their duties, fully respect human dignity.

7.   This Article shall apply to all measures taken by Member States or the Agency in accordance with this Regulation.

8.   Border guards and other staff participating in a sea operation shall be trained with regard to relevant Provisions of fundamental rights, refugee law and the international legal regime of search and rescue in accordance with the second paragraph of Article 5 of Regulation (EC) No 2007/2004.

Source : https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014R0656&from=FR

Measures taken for the purpose of a sea operation shall be conducted in a way that, in all instances, ensures the safety of the persons intercepted or rescued, the safety of the participating units or that of third parties.

For the purposes of this Regulation the following definitions shall apply:

Source : https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014R0656&from=FR

AIS should always be in operation when ships are Underway or at Anchor. If the master believes that the continual operation of AIS might compromise the safety or security of his/her ship, the AIS may be switched off. This might be the case in sea areas where pirates and armed robbers are known to operate. Actions of this nature should always be recorded in the ship’s logbook together with the reason for doing so. The master should however restart the AIS as soon as the source of danger has disappeared. If the AIS is shut-down, static data and voyage related information remains stored. Restart is done by switching on the power to the AIS unit. Ship’s own data will be transmitted after a two minute initialization period. In ports AIS operation should be in accordance with port requirements.

Source : MSC Resulution_A.917(22)

3.1 When ships assist persons in distress at sea, co-ordination will be needed among all concerned to ensure that all of the following priorities are met in a manner that takes due account of border control, sovereignty and security concerns consistent with international law:

Lifesaving

All persons in distress at sea should be assisted without delay.

Preservation of the integrity and effectiveness of SAR services

Prompt assistance provided by ships at sea is an essential element of global SAR services; therefore it must remain a top priority for shipmasters, shipping companies and flag States.

Relieving masters of obligations after assisting persons

Flag and coastal States should have effective arrangements in place for timely assistance to shipmasters in relieving them of persons recovered by ships at sea.

Source: MSC.167(78)

6.19 If survivor status or other non-SAR matters need to be resolved, the appropriate authorities can often handle these matters once the survivors have been delivered to a place of safety. Until then, RCCs are responsible for co-operation with any national or international authorities or others involved in the situation. Examples of non-SAR considerations that may require attention include oil spills, onscene investigations, salvage, survivors who are migrants or asylum seekers, needs of survivors once they have been delivered to a place of safety, or security or law enforcement concerns. National authorities other than the RCC typically have primary responsibility for such efforts.

6.20 Any operations and procedures such as screening and status assessment of rescued persons that go beyond rendering assistance to persons in distress should not be allowed to hinder the provision of such assistance or unduly delay disembarkation of survivors from the assisting ship(s).

6.21 Although issues other than rescue relating to asylum seekers, refugees and migratory status are beyond the remit of IMO, and beyond the scope of the SOLAS and SAR Conventions, Governments should be aware of assistance that international organizations or authorities of other countries might be able to provide in such cases, be able to contact them rapidly, and provide any instructions that their RCCs may need in this regard, including how to alert and involve appropriate national authorities. States should ensure that their response mechanisms are sufficiently broad to account for the full range of State responsibilities.

6.22 Authorities responsible for such matters may request that RCCs obtain from the assisting ship certain information about a ship or other vessel in distress, or certain information about the persons assisted. Relevant national authorities should also be made aware of what they need to do to co- operate with the RCC (especially with regard to contacting ships), and to respond as a matter of urgency to situations involving assisted persons aboard ships.

Source: MSC.167(78)

• A shipmaster’s obligation to render assistance at sea is a longstanding maritime tradition. It is an obligation that is recognized by international law. Article 98 of the United Nations Convention on the Law of the Sea, 1982 (UNCLOS) codifies this obligation in that 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 …”. in addition to imposing 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 …”.
• The SAR Convention defines rescue as “an operation to retrieve persons in distress, provide for their initial medical or other needs, and deliver them to a place of safety.” SAR services are defined as “the performance of distress monitoring, communication, co-ordination and search and rescue functions, including provision of medical advice, initial medical assistance, or medical evacuation, through the use of public and private resources including co-operating aircraft, vessels and other craft and installations.” SAR services include making arrangements for disembarkation of survivors from assisting ships. The SAR Convention establishes the principle that States delegate to their rescue co-ordination centres (RCCs) the responsibility and authority to be the main point of contact for ships, rescue units, other RCCs, and other authorities for co-ordination of SAR operations. The SAR Convention also discusses, with regard to obligations of States, the need for making arrangements for SAR services, establishment of RCCs, international co-operation, RCC operating procedures, and use of ship reporting systems for SAR.
• The SAR Convention does not define “place of safety”. However, it would be inconsistent with the intent of the SAR Convention to define a place of safety solely by reference to geographical location. For example, a place of safety may not necessarily be on land. Rather, a place of safety should be determined by reference to its characteristics and by what it can provide for the survivors. It is a location where the rescue operation is considered to terminate. It is also a place where the survivors’ safety of life is no longer threatened and where their basic human needs (such as food, Shelter and medical needs) can be met. Further, it is a place from which transportation arrangements can be made for the survivors’ next or final destination.
• The 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.” Comparable obligations are contained in other international instruments. Nothing in these guidelines is intended in any way to affect those obligations. Compliance with this obligation is essential in order to preserve the integrity of search and rescue services. The SOLAS Convention, Article IV (cases of force majeure) protects the shipmaster insofar as the existence of persons on board the ship by reason of force majeure or due to the obligation for the master to carry shipwrecked or other persons, will not be a basis for determining application of the Convention’s Provisions to the ship. The SOLAS Convention also addresses in chapter V, regulation 7, the responsibility of Governments to arrange rescue services.
• As a general principle of international law, a State’s sovereignty allows that State to control its borders, to exclude aliens from its territory and to prescribe laws governing the entry

of aliens into its territory. A State’s sovereignty extends beyond its land territory and internal waters to the territorial sea, subject to the Provisions of UNCLOS and other rules of international law. Further, as provided in Article 21 of UNCLOS, a Coastal State may adopt laws and regulations relating to innocent passage in the territorial sea to prevent, among other things, the infringement of that Coastal State’s immigration laws.

• Pursuant to Article 18 of UNCLOS, a ship exercising innocent passage may stop or Anchor in the Coastal State’s territorial sea “only in so far as the same are incidental to ordinary navigation or are rendered by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.” UNCLOS does not specifically address the question of whether there exists a right to enter a port in cases of distress, although under customary international law, there may be a universal, albeit not absolute, right for a ship in distress to enter a port or harbour when there exists a clear threat to safety of persons aboard the ship. Such threats often worsen with time and immediate port entry is needed to ensure the safety of the vessel and those onboard. Nevertheless, the right of the ship in distress to enter a port involves a balancing of the nature and immediacy of the threat to the ship’s safety against the risks to the port that such entry may pose. Thus, a Coastal State might refuse access to its ports where the ship poses a serious and unacceptable safety, environmental, health or security threat to that Coastal State after the safety of persons onboard is assured.
• The Refugee Convention’s prohibition of expulsion or return “refoulement” contained in Article 33.1 prohibits Contracting States from expelling or returning a refugee to the frontiers of territories where his or her life or freedom would be threatened on account of the person’s race, religion, nationality, membership of a particular social group or political opinion. Other relevant international law also contains prohibition on return to a place where there are substantial grounds for believing that the person would be in danger of being subjected to torture.
• Other relevant Provisions, not all of which are under the competence of IMO, inter alia, include the following:

International Convention on Maritime Search and Rescue, 1979, as amended, in entirety

International Convention for the Safety of Life at Sea, 1974, as amended, chapter V, regulation 33

Convention on Facilitation of International Maritime Traffic, 1965, in particular Section 6.C, Standards 6.8-6.10 International Convention on Salvage, 1983, Article 1

United Nations Convention on the Law of the Sea, 1982, Article 98

Resolution A.773(18) on Enhancement of safety of life at sea by the prevention and suppression of unsafe practices associated with alien smuggling by ships

Resolution A.871(20) on Guidelines on the allocation of responsibilities to seek the successful resolution of stowaway cases

Resolution A.867(20) on Combating unsafe practices associated with the trafficking or transport of migrants by sea IMO Global SAR Plan – SAR.8/Circ.1 and addenda addresses (the Admiralty List of Radio Signals, Volume 5, is a practical alternative)

United Nations Convention relating to the Status of Refugees, 1951 and its 1967 Protocol

UN Convention against Transnational Organized Crime, 2000 and its Protocols, Protocol against the smuggling of migrants by land, sea and air; and Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

MSC/Circ.896/Rev.1 on Interim measures for combating unsafe practices associated with the trafficking or transport of immigrants by sea

Source:MSC.167(78)

6.12 A place of safety (as referred to in the Annex to the 1979 SAR Convention, paragraph 1.3.2) is a location where rescue operations are considered to terminate. It is also a place where the survivors’ safety of life is no longer threatened and where their basic human needs (such as food, Shelter and medical needs) can be met. Further, it is a place from which transportation arrangements can be made for the survivors’ next or final destination.

6.13 An assisting ship should not be considered a place of safety based solely on the fact that the survivors are no longer in immediate danger once aboard the ship. An assisting ship may not have appropriate facilities and equipment to sustain additional persons on board without endangering its own safety or to properly care for the survivors. Even if the ship is capable of safely accommodating the survivors and may serve as a temporary place of safety, it should be relieved of this responsibility as soon as alternative arrangements can be made.

6.14 A place of safety may be on land, or it may be aboard a rescue unit or other suitable vessel or facility at sea that can serve as a place of safety until the survivors are disembarked to their next destination.

6.15 The Conventions, as amended, indicate that delivery to a place of safety should take into account the particular circumstances of the case. These circumstances may include factors such as the situation on board the assisting ship, on scene conditions, medical needs, and availability of transportation or other rescue units. Each case is unique, and selection of a place of safety may need to account for a variety of important factors.

6.16 Governments should co-operate with each other with regard to providing suitable places of safety for survivors after considering relevant factors and risks.

6.17 The need to avoid disembarkation in territories where the lives and freedoms of those alleging a well-founded fear of persecution would be threatened is a consideration in the case of asylum-seekers and refugees recovered at sea.

6.18 Often the assisting ship or another ship may be able to transport the survivors to a place of safety. However, if performing this function would be a hardship for the ship, RCCs should attempt to arrange use of other reasonable alternatives for this purpose.

Source: MSC.167(78)

6.1 Governments should ensure that their respective rescue co- ordination centres (RCCs) and other national authorities concerned have sufficient guidance and authority to fulfil their duties consistent with their treaty obligations and the current guidelines contained in this resolution.

6.2 Governments should ensure that their RCCs and rescue units are operating in accordance with the standards and procedures in the IAMSAR Manual and that all ships operating under their flag have on board Volume III of the IAMSAR Manual.

6.3 A ship should not be subject to undue delay, financial burden or other related difficulties after assisting persons at sea; therefore coastal States should relieve the ship as soon as practicable.

6.4 Normally, any SAR co-ordination that takes place between an assisting ship and any Coastal State(s) should be handled via the responsible RCC. States may delegate to their respective RCCs the authority to handle such co-ordination on a 24-hour basis, or may task other national authorities to promptly assist the RCC with these duties. RCCs should be prepared to act quickly on their own, or have processes in place, as necessary, to involve other authorities, so that timely decisions can be reached with regard to handling survivors.

6.5 Each RCC should have effective plans of operation and arrangements (interagency or international plans and agreements if appropriate) in place for responding to all types of SAR situations. Such plans and arrangements should cover incidents that occur within its associated SAR region, and should also cover incidents outside its own SAR region if necessary until the RCC responsible for the region in which assistance is being rendered (see paragraph 6.7) or another RCC better situated to handle the case accept responsibility. These plans and arrangements should cover how the RCC could co-ordinate:

.1            a recovery operation;

.2            disembarkation of survivors from a ship;

.3            delivery of survivors to a place of safety; and

.4            its efforts with other entities (such as customs and immigration authorities, or the ship owner or Flag state), should non-SAR issues arise while survivors are still aboard the assisting ship with regard to nationalities, status or circumstances of the survivors; and quickly address initial border control or immigration issues to minimize delays that might negatively impact the assisting ship, including temporary Provisions for hosting survivors while such issues are being resolved.

6.6 Plans of operation, liaison activities and communications arrangements should provide for proper co-ordination in advance of and during a rescue operation with shipping companies and with national or international authorities that may need to be involved in response or disembarkation efforts.

6.7 When appropriate, the first RCC contacted should immediately begin efforts to transfer the case to the RCC responsible for the region in which the assistance is being rendered. When the RCC responsible for the SAR region in which assistance is needed is informed about the situation, that RCC should immediately accept responsibility for co-ordinating the rescue efforts, since related responsibilities, including arrangements for a place of safety for survivors, fall primarily on the Government responsible for that region. The first RCC, however, is responsible for co-ordinating the case until the responsible RCC or other competent authority assumes responsibility.

6.8 Governments and the responsible RCC should make every effort to minimize the time survivors remain aboard the assisting ship.

6.9 Responsible State authorities should make every effort to expedite arrangements to disembark survivors from the ship; however, the master should understand that in some cases necessary co-ordination may result in unavoidable delays.

6.10 The RCC should seek to obtain the following information from the master of the assisting ship:

.1            information about the survivors, including name, age, gender, apparent health and medical condition and any special medical needs;

.2            the master’s judgment about the continuing safety of the assisting ship;

.3            actions completed or intended to be taken by the master;

.4            assisting ship’s current endurance with the additional persons on board;

.5            assisting ship’s next intended port of call;

.6            the master’s preferred arrangements for disembarking the survivors;

.7            any help that the assisting ship may need during or after the recovery operation; and

.8            any special factors (e.g., prevailing weather, time sensitive cargo).

6.11 Potential health and safety concerns aboard a ship that has recovered persons in distress include insufficient lifesaving equipment, water, Provisions, medical care, and accommodations for the number of persons on board, and the safety of the crew and passengers if persons on board might become aggressive or violent. In some cases it may be advisable for the RCC to arrange for SAR or other personnel to visit the assisting ship to better assess the situation onboard, to help meet needs on board, or to facilitate safe and secure disembarkation of the survivors.

Source: MSC.167(78)

5. 1 SAR services throughout the world depend on ships at sea to assist persons in distress. It is impossible to arrange SAR services that depend totally upon dedicated shore-based rescue units to provide timely assistance to all persons in distress at sea. Shipmasters have certain duties that must be carried out in order to provide for safety of life at sea, preserve the integrity of global SAR services of which they are part, and to comply with humanitarian and legal obligations. In this regard, shipmasters should:

.1            understand and heed obligations under international law to assist persons in distress at sea (such assistance should always be carried out without regard to the nationality or status of the persons in distress, or to the circumstances in which they are found);

.2            do everything possible, within the capabilities and limitations of the ship, to treat the survivors humanely and to meet their immediate needs;

.3            carry out SAR duties in accordance with the Provisions of Volume III of the IAMSAR Manual;

.4            in a case where the RCC responsible for the area where the survivors are recovered cannot be contacted, attempt to contact another RCC, or if that is impractical, any other Government authority that may be able to assist, while recognizing that responsibility still rests with the RCC of the area in which the survivors are recovered;

.5            keep the RCC informed about conditions, assistance needed, and actions taken or planned for the survivors (see paragraph 6.10 regarding other information the RCC may wish to obtain);

.6            seek to ensure that survivors are not disembarked to a place where their safety would be further jeopardized; and

.7            comply with any relevant requirements of the Government responsible for the SAR region where the survivors were recovered, or of another responding Coastal State, and seek additional guidance from those authorities where difficulties arise in complying with such requirements.

5.2 In order to more effectively contribute to safety of life at sea, ships are urged to participate in ship reporting systems established for the purpose of facilitating SAR operations.

Source : MSC.167(78)

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.

2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Source : UDHR

1. Everyone has the right to freedom of movement and residence within the borders of each State.

2. Everyone has the right to leave any country, including his own, and to return to his country.

Universal Declaration of Human Rights : http://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf

No one shall be subjected to arbitrary arrest, detention or exile.

Universal Declaration of Human Rights : http://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf