International Maritime 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
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.”
Note: It is an honourable
tradition of the sea to render
every assistance to those in distress
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.”
Tampa Incident
August 2001 – Norwegian ship ‘Tampa’ recovered 438
asylum seekers from an Indonesian fishing vessel.
•Australian Coast Guard directed Tampa to divert and
provide assistance to small vessel
•Asylum seekers did not want return to Indonesia
•With concern for safety of all, ship headed for
Christmas Island (Australian Territory)
•Australian Government refused ship access
•Some asylum seekers on hunger strike
•Master ignored Australian refusal and entered
Australia
•After boarding by military, asylum seekers processed
in New Zealand and Nauru
Tampa Incident
Most governments,
appear aware that they
must not allow a
situation to develop
where the problems of
disembarking those
rescued at sea
encourages masters to
turn a blind eye to
people requiring
assistance.
Industry Position
Current Focus
•
North Africa/Mediterranean
• SE Asia/Australia
Port/Coastal States’ duty:
• Allow disembarkation without prevarication
• Do not pressure Master to assess status of those
rescued
• Disembark refugees at next port of call subject to
safety considerations