Sea-borne migrants and refugees are not a new phenomenon.
Throughout the ages, people around the world have risked their lives
aboard un-seaworthy ships and other craft, whether in search of
work, better living conditions and educational opportunities, or
international protection against persecution or other threats to their
life, liberty or security, often placing their fate in the hands of
unscrupulous, criminal smugglers. The term “boat people” has
entered common parlance, designating all those who travel by sea in
such a perilous way.
Search and Rescue (SAR) services throughout the world depend on
ships – for the most part merchant vessels - to assist persons in
distress at sea. Nowadays, distress signals can be rapidly
transmitted by satellite and terrestrial communication techniques
both to search and rescue authorities ashore, and to ships in the
immediate vicinity. The rescue operation can be swift and coordinated.
Yet, even when the rescue has been accomplished, problems can
arise in securing the agreement of States to the disembarkation of
migrants and refugees, especially if proper documentation is
lacking. Recognizing this problem, member States of the
International Maritime Organization (IMO) have adopted
amendments to two of the relevant international maritime
conventions . These aim to ensure that the obligation of the ship
master to render assistance is complemented by a corresponding
obligation of States to co-operate in rescue situations, thereby
relieving the master of the responsibility to care for survivors, and
allowing individuals who are rescued at sea in such circumstances to
be delivered promptly to a place of safety