Obligations of the shipmaster
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:
• 1982 United Nations Convention on the Law of the Sea (UNCLOS Convention)
provides 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:
(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.” (Art. 98 (1))
• 1974 International Convention for the Safety of Life at Sea (SOLAS Convention)
obliges the
“master of a ship at sea which is in a position to be able to provide assistance,
on receiving information2
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…”
(Chapter V, Regulation 33(1))
Obligations of Governments and Rescue Co-ordination Centres
Several maritime conventions define the obligations of State Parties to ensure arrangements
for distress communication and coordination in their area of responsibility and for the rescue
of persons in distress at sea around their coasts:
• 1982 United Nations Convention on the Law of the Sea (UNCLOS Convention)
imposes an obligation on every coastal State Party to
“…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.”
(Art. 98 (2))
• 1974 International Convention for the Safety of Life at Sea (SOLAS Convention)
requires State Parties
“… to ensure that necessary arrangements are made for distress
communication and co-ordination in their area of responsibility and for the
rescue of persons in distress at sea around its coasts. These arrangements