INTERNATIONAL MARITIME ORGANIZATION

E
IMO

MARITIME SAFETY COMMITTEE MSC 82/INF.13

82nd session 4 October 2006
Agenda item 8 Original: ENGLISH

RADIOCOMMUNICATIONS AND SEARCH AND RESCUE

Guidance Leaflet on Rescue at Sea, a guide to principles and practice

as applied to migrants and refugees

Note by the Secretariat

SUMMARY
Executive summary: This document informs the Committee of the recent joint publication
by UNHCR and IMO of a Guidance Leaflet on “Rescue at Sea”
(attached), a guide to principles and practice as applied to migrants
and refugees. This provides guidance on relevant legal provisions and
on practical procedures to assist in the prompt disembarkation of
survivors in rescue operations and measures to meet their specific
needs, particularly in the case of refugees and asylum-seekers
Action to be taken: Paragraph 8
Related documents: None

Introduction
1 Following several incidents where persons rescued at sea subsequently turned out to be
undocumented migrants, asylum-seekers or refugees, the twenty-second Assembly adopted
resolution A.920(22) on the review of safety measures and procedures for the treatment of
persons rescued at sea. That resolution 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. The objectives were to help ensure that
the integrity of the maritime SAR system was preserved.

2 Pursuant to resolution A.920(22), the then Secretary-General brought the issue of persons
rescued at sea to the attention of a number of competent United Nations specialized agencies and
programmes highlighting the need for a co-ordinated approach among United Nations agencies,
and soliciting the input of relevant agencies, including UNHCR within the scope of their
respective mandates. Such an interagency effort focusing on State responsibilities for non-rescue
issues, such as immigration and asylum that are beyond the competence of IMO, is an essential
complement to IMO efforts.

3 Subsequently, MSC 78 adopted amendments to the SOLAS and SAR conventions so that
the obligation of the master to render assistance should be complemented by the corresponding
obligation of Contracting 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. These amendments are contained in MSC resolutions 153(78)
and 155(78) and entered into force on 1 July 2006. Associated guidance on the treatment of
persons rescued at sea was adopted by resolution MSC.167(78).
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4 Since that time several similar incidents have occurred where commercial ships have
fulfilled their obligations under SOLAS to rescue persons in distress at sea, but have been
subsequently delayed in disembarking those persons at a suitable port.

5 The IMO Secretariat has liaised closely with the Office of the United Nations
Commissioner for Refugees (UNHCR) in particular, and with the other relevant agencies in
incidents involving the rescue of persons at sea who subsequently turned out to be illegal
migrants. The Secretariat has also participated in several conferences organized by UNHCR in
order to promote the interests of IMO including those of commercial shipping involved in such
incidents and highlighted the effect that delays in disembarkation of such persons has on the
integrity of the maritime SAR system.

6 As part of the interagency initiative by the Secretary-General following the above

incident, UNHCR, with IMO Secretariat assistance, has recently also produced a leaflet intended
for wide distribution within the industry and aiming at assisting ship owners and masters of ships
who rescue such persons in distress to find guidance for the expeditious disembarkation of
persons rescued at sea.

7 The Secretariat has written to relevant industry organizations seeking assistance in the
distribution of these leaflets to shipping companies and masters of ships and other parties
concerned so that this information may hopefully assist in this very important humanitarian issue.

Action requested of the Committee

8 The Committee is invited to note the publication and distribution of the Guidance.

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