A guide to principles and practice as applied to migrants and refugees

Transcription

1 IMO A guide to principles and practice as applied to migrants and refugees

2 Introduction 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 1 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 International Convention for the Safety of Life at Sea; and 1979 International Convention on Maritime Search and Rescue. Amendments were adopted in May They entered into force on 1 July

3 This leaflet has been prepared jointly by the International Maritime Organization (IMO) and the Office of the United Nations High Commissioner for Refugees (UNHCR). It is intended for masters, ship owners, government authorities, insurance companies, and other interested parties involved in rescue at sea situations. It provides guidance on relevant legal provisions, and on practical procedures to ensure the prompt disembarkation of survivors of rescue operations, and measures to meet their specific needs, particularly in the case of refugees and asylum-seekers. A guide to principles and practice as applied to migrants and refugees 3

4 The Legal Framework This section contains relevant obligations and definitions as defined under international law. International maritime law 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 2 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. (Chapter V, Regulation 33(1)). 4 2 The word signal was replaced by information as part of the May 2004 amendments.

5 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 co-operate 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 shall include the establishment, operation and maintenance of such search and rescue facilities as are deemed practicable and necessary (Chapter V, Regulation 7) 1979 International Convention on Maritime Search and Rescue (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 (Chapter ) and to [ ] provide for their initial medical or other needs, and deliver them to a place of safety. (Chapter 1.3.2) A guide to principles and practice as applied to migrants and refugees 5

6 3 4 Amendments to the SOLAS and SAR Conventions aim at maintaining the integrity of the SAR services, by ensuring that people in distress at sea are assisted while minimizing the inconvenience for the assisting ship. They require the Contracting States/Parties to 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 ship s intended voyage; and arrange disembarkation as soon as reasonably practicable. They also oblige masters who have embarked persons in distress at sea, to treat them with humanity, within the capabilities of the ship. Guidelines on the Treatment of Persons Rescued at Sea 5 were developed in order to provide guidance to governments and to shipmasters in implementing these amendments. They contain the following provisions: The government responsible for the SAR region in which survivors were recovered is responsible for providing a place of safety or ensuring that such a place of safety is provided. (para. 2.5). A place of safety is a location where rescue operations are considered to terminate, and where: the survivors safety or life is no longer threatened; basic human needs (such as food, shelter and medical needs) can be met; and transportation arrangements can be made for the survivors next or final destination. (para. 6.12) Amending SOLAS Regulation 33. Amending SAR Chapter Resolution MSC.167(78) (adopted in May 2004 by the Maritime Safety Committee together with the SAR and SOLAS amendments). 6

7 While an assisting ship may serve as a temporary place of safety, it should be relieved of this responsibility as soon as alternative arrangements can be made. (para. 6.13) Disembarkation of asylum-seekers and refugees recovered at sea, in territories where their lives and freedom would be threatened should be avoided. (para. 6.17) 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. (para. 6.20) A guide to principles and practice as applied to migrants and refugees 7

8 International Refugee Law If people rescued at sea make known a claim for asylum, key principles as defined in international refugee law need to be upheld. While the ship master is not responsible to determine the status of the people on board, he needs to be aware of these principles. 8

9 The 1951 Convention relating to the Status of Refugees, defines a refugee as a person who An asylum-seeker is an individual who is seeking international protection and whose claim has not yet been finally decided on by the country in which he or she has submitted it. Not every asylumseeker will ultimately be recognized as a refugee, but every refugee is initially an asylum-seeker. 6 owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his [or her] 6 nationality, and is unable to or, owing to such fear, is unwilling to avail himself [or herself ] of the protection of that country. (Article 1A(2)) and prohibits that refugees or asylum-seekers be expelled or returned in any way to the frontiers of territories where his [or her] life or freedom would be threatened on account of his [or her] race, religion, nationality, membership of a particular social group or political opinion. 7 (Article 33 (1)) 7 This refers principally to the country from which the individual has fled but also includes any other territory where he [or she] faces such a threat. Or for stateless persons, the country of former habitual residence. An obligation not to return a person where there are substantial grounds for believing that there is a real risk of irreparable harm derives from international human rights law (for example Articles 6 and 7 of the 1966 International Covenant on Civil and Political Rights). The 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment explicitly prohibits return where there are substantial grounds for believing that a person would be in danger of being subjected to torture. A guide to principles and practice as applied to migrants and refugees 9

10 Procedures The following checklists are intended to define action that needs to be taken by the various parties involved in rescue at sea. Action by the shipmaster Inform the Rescue Co-ordination Centre (RCC) responsible for the region as to: the assisting ship: its name, flag and port of registry; name and address of the owner and the owner s agent at the next port; position of the vessel, its next intended port of call, its continuing safety and current endurance with additional persons on board; the survivors: name, age (if possible), gender; apparent health, medical condition and special medical needs; actions completed or intended to be taken by the master; master s preferred arrangement survivors; any help needed by the assisting ship; for disembarking the any special factors cargo, etc.). (e.g. prevailing weather, time sensitive If people rescued at sea claim asylum alert the closest RCC; contact UNHCR; do not ask for disembarkation in the country of origin or from which the individual has fled; do not share personal information regarding the asylum-seekers with the authorities of that country, or with others who might convey this information to those authorities. 10

11 Action by Governments and Rescue Co-ordination Centres (RCCs) The RCCs have an important role to play to ensure co-operation and co-ordination arrangements under the Amendments to the SOLAS and SAR Conventions. They need to maintain effective plans of operation and co-ordinating arrangements (interagency or international plans and agreements if appropriate) in order to respond to all types of search and rescue situations, notably: a recovery operation; disembarkation of survivors from a ship; delivery of survivors to a place of safety; arrangements with other entities (such as customs, border control and immigration authorities, ship owner or flag State), while survivors are still aboard the assisting ship with regard to nationalities, status or circumstances of the survivors; including temporary provisions for hosting survivors while such issues are being resolved; and measures to relieve the ship as soon as practicable, avoiding undue delay, financial burden or other difficulties incurred by assisting persons at sea. A guide to principles and practice as applied to migrants and refugees 11

12 International Organizations and Useful Contact Information The International Maritime Organization (IMO) provides machinery for cooperation among governments on technical regulations and practices affecting shipping engaged in international trade, and facilitates the adoption of the highest practicable standards in matters such as maritime safety. (details of RCCs available by clicking on Circulars and GMDSS) Tel.: The Office of the United Nations High Commissioner for Refugees (UNHCR) provides international protection and assistance to refugees, stateless persons and others of concerns. UNHCR can be contacted under the following telephone number The Office of the High Commissioner for Human Rights (OHCHR) promotes universal ratification and implementation of human rights treaties and ensures the practical implementation of universally recognized human rights norms. The International Organization for Migration (IOM) is committed to the principle that humane and orderly migration benefits migrants and society and acts with its partners in the international community to assist in managing migration, advance understanding of migration issues and uphold the human dignity and well-being of migrants. The United Nations Office on Drugs and Crime (UNODC) deals with questions of transnational organized crime and combats criminal trafficking and smuggling. The Office of Legal Affairs (OLA) /Division for Ocean Affairs and the Law of the Sea promotes the wider acceptance of UNCLOS and assists States in the uniform and consistent application and effective implementation of its provisions. Photo Credits: Courtesy of and copyrights Salvamento Maritimo, Spain (Cover Page, P2, P3, P6, P8), ILO/Marcel Crozet (P4, P5), Deutsche Bundeswehr, Germany, (P7), Holland America Line (P10, P11). Design, layout and production by the International Training Centre of the ILO, Turin, Italy.

13 THE RESCUE ALLIANCE (TRA) Contact Details: Directors: Tel: Carlos Juan Madinabeitia Fax: Dr. Matthias-K. Reith Adress: Palmaille Hamburg Germany

14 Please keep this flyer, copy and pass on to other persons please do no throw away! Humanitarian Challenge for Shipping Rescue at Sea Refugees/Migrants 1.) We live in a time of worldwide migration. Millions of people are on the move worldwide in huge numbers are doing so by sea. Information indicates at least ten- or hundred-thousands or even more of them every year with a terribly high percentage of them losing their life at sea. 2.) It is international law that masters have to rescue. We as shipowners and our seafarers are the difference between life and death for distress cases. 3.) Therefore the behaviour of Australia in 2001 regarding the disembarkation of the persons rescued by the TAMPA was extremely contraproductive. Fairplay reported later: that seaborn asylum seekers sometimes report seeing up to 50 passing ships with crews turning a blind eye to their predicament, thereby delivering the distressed persons to most terrible deaths at sea. 4.) The IMO has passed new guidelines in May 2004 (adopted by 164 countries!) with the aim that the behaviour of Australia will not be repeated and the disembarkation of the rescued persons is performed as efficiently as possible. The coastal states are legally obliged as from 2006 onward to support masters regarding the disembarkation of rescued persons. The guidelines of the IMO exercise furthermore moral pressure on the coastal states, to perform this disembarkations also in the own territory. Information I received from owners about speed/easiness of two disembarkations of refugees earlier this year were very positive. 5.) Commercial consideration: a) Under time charter a ship can normally not be put offhire when going to assistance/rescue of persons in distress including the time to disembark them. The wording of the respective charterparty, however, is decisive. b) If you are on voyage charter the shipowner s net loss will be covered by your P&I insurer. Please ask your P&I Club for details. However, money must never be the reason to let people die. 6.) What must be done by everyone of us: a.) Address the humanitarian challenge positively and actively in the own Organisation. Shipowners, shipmanagers, charterers, crew manangers etc. have expressively to encourage masters and crews to rescue (also because of the circumstances as per above item 3) and render them full support including suitable equipment with best possible binoculars suitable for look-outs at night and in addition special night-sight gear etc. We must further advise them to apply utmost attention (very important: increased number of look-outs with shorter intervals of watches in concerned areas) not to oversee a distress case but to be willing and prepared to rescue. b.) Everyone of us must request the governments with the aim: 1. disembarkation of rescued persons without delay ( our ships are not floating detention centres for rescued persons of stowaways ) 2. same procedure to be applied for stowaways, as they are only the other side of the coin which is called migration problems, and which cannot be solved by the shipping industry. c.) As the topic is repressed despite the high number of refugees/migrants dying at sea we all must spread information and appeals as far as ever possible in order to achieve an improvement of the present most horrible situation. d.) Everybody should become active as per the attached Tip Urgent To Do List. 7.) For help in concrete rescue cases as well as for information and brochures everybody is invited to contact the undersigned (contact: see below) Dr. Matthias-K. Reith TOP-URGENT TO DO LIST 1.) Inform, advise and reassure masters and crews to be utmost attentive and to rescue 2.) Act as multiplicator 3.) Request your governments, authorities, members of parliament etc. to ensure disembarkation without delay for all rescuing ships worldwide Do the above as quickly and as frequently as possible and continue to do so in the future Dr. Matthias-K. Reith with business address: Johann M. K. Blumenthal GmbH & Co. KG Palmaille Hamburg/Germany Phone: +49 (0) Fax: 49 (0) mail@bluships.com

15 U R G E N T To: All Fm: Dr. M.-K. Reith / Johann M.K. Blumenthal, Hamburg Re: rescue at sea - refugees/migrants Dear Sirs, as per our conversation I do highly appreciate your top-urgent attention to the discussed humanitarian matter and also do very much appreciate that you engage in this issue. Please kindly act as multiplicator within your organisation world-wide, as well as to other persons inside and outside our shipping industry - the more people you reach, the better. In advance I send you some urgent informations as attachments to this , enabling you to pass on these urgent informations still today to your captains and crews 1. on your own ships 2. on ships chartered in 3. on all ships to which you render management or crewing services or whatever kind Including encouragement to rescue, to increase the number of lookouts in the respective areas and to maintain best possible attention. Additionally a transfer of the preliminary information to other persons in shipping like management companies, owners who chartered out to you etc. already now would be highly recommendable. Additional topicality the situation has gained by the recent development in Haiti. It is assumed that there will be much more non-seaworthy boats ("pre-programmed distress cases") put to sea and will try to reach Florida, the Bahamas, Jamaica etc. (see attached news from "Associated Press of "). An actual information to all captains and crews as well as to all other receivers of the attached urgent beforehand informations to be even more attentive in the complete "Caribbean", in the complete "Gulf of Mexico" and in complete "US Gulf" is certainly urgently necessary. But also the other sea areas mentioned on page 1 of the enclosure A* demand unchanged the best possible increased attention of captains and crews**. Recent publications (March 2006) inform about the strong increase of people trying to reach the Canary Islands from Africa, for example from Mauritania. Further I learnt that it is extremely important that not only masters are informed and instructed, but we insist and ensure, that they do inform and instruct their entire deck crew and even engine and catering dept. likewise. Otherwise our intention will not help, as masters will definitely not be on watch for 24 hours, but have to rely upon their officers and crew, who must therefore be instructed likewise. A full set of informations in hard-copy will follow. Additionally I attach as discussed in our telcon: 1. Speech and photos delivered on Posidonia/Athens , which is self-explanatory regarding the main features of this humanitarian challenge. 2. Article "Lloyds List" IMO-Ergänzung zu SOLAS: Guidance on the treatment of persons rescued at sea 4. Beforehand informations for masters and crews Your kind information about bad incidents is most welcome, as these "bad incidents" indicate those companies with whom this humanitarian issue should be discussed most urgently in order to avoid repetition. I do highly appreciate your support of the idea to address this humanitarian issue also in other shipping companies in order to make them join the action. As our seafarer and we are the difference between life and death, a most urgent action from our side as well in our own companies as well with regard to other companies is extremely necessary.

16 Thank you very much for your interest and support. I am looking very much forward to your feedback after having seen the above informations. Yours sincerely, M.-K. Reith Tel. : (+4940) Mobile: * Some areas may seem surprising, but e.g. English Channel is shown because of an information of the "International Chamber of Shipping": people leaving camps in France, trying to go to England and as the tunnel has been sealed off they take totally unsuitable air mattresses, dinghies etc. to cross from France to England. The movements for example from North Africa to Europe seem to take place in much greater numbers. Only in the Strait of Gibraltar according to the calculation of our P. & I. club in recent years they come to a number of thousand lifes lost per year - and this is only one of the mentioned areas. ** and of course considering the prevailing wind and current early enough before entering these areas and long enough after having left these areas because the boats very often are disabled and drift far away from the original areas which are quoted on page 1 of the enclosure A.

17 Humanitarian Challenge for Shipping Rescue at Sea Refugees/Migrants Posidonia, Athens Dr. Matthias Reith Johann M. K. Blumenthal GmbH & Co. KG Palmaille 120, Hamburg/Germany Phn: +49 (040) / Fax: +49 (040) mail@bluships.com Contents page I) Introduction 2-5 II) Main Part 1) Contradiction 5-7 2) What has been done meanwhile? a) Industry itself 8 b) IMO 8 c) Commercial situation 8-9 3) What must be done by everyone of us? a) In our organisations 9-10 b) General 10 III) End 1) Offers ) Closing remark 11 3) Top-urgent to do list 12 1

18 Humanitarian Challenge for Shipping Rescue at Sea Refugees/Migrants Ladies, and Gentlemen, I) Introduction We are living in a time of world-wide migration. Whether we like it or not the situation is evident and it will not disappear. Millions of people are on the move world-wide and huge numbers are doing so by sea. Informations indicate at least tenor hundred thousands or even more of them every year with a terribly high percentage of them losing their life at sea. Some but by far not all areas where this happens are: 1) The Street of Gibraltar 2) From Libya, Tunisia, Morocco and other places in North Africa to Europe 3) Aegean Waters 4) From Africa to the Canary Islands 5) From Africa to the Arabian Peninsula (Yemen etc.) 6) From Haiti 7) From Cuba 8) Between Indonesia and Australia 2

19 I may show you two telling photos: 1 st Photo Italy, Lampedusa : north African refugees discovered by Italian customs officers. Do not be misguided, the deckline of this totally overloaded boat is almost also the waterline. This boat has no buoyancy and it will sink, once the sea gets only a bit rough. 3

20 2 nd Photo South China Sea, undated: self-explanatory The unseaworthyness and danger of immediate sinking is even more evident. You will realise: These boats are pre-programmed catastrophes as soon as they go to sea - and they do in large numbers. 3 rd Photo You will also agree that these Haitian refugees, swimming for their lifes, can not be left where they are. 4

21 4 th Photo And everybody with a heart will agree that these children on their overcrowded craft must be rescued without delay. In 2001 the merchant vessel Tampa did exactly this and rescued 438 refugees/migrants including women and children from a distress situation between Indonesia and Australia. The rescue itself was a brilliant piece of seamanship, but afterwards the Tampa found itself the subject of world-wide attention as a result of the difficulties encountered in arranging for the disembarkation of the rescued. This caused terrible consequences which Fairplay published in an article on 20/06/02 saying: that seaborne asylum seekers sometimes report seeing up to 50 passing ships with crews turning a blind eye to their predicament. 5

22 II) Main Part Ladies and Gentlemen, there is a 1) Contradiction It is a long-standing maritime tradition that a ship goes to the assistance of persons in difficulty at sea. What originated as a humanitarian act has also for many years been incorporated in international conventions, notably the Safety of Life at Sea (SOLAS) Convention, as a legal obligation on ship s masters. This obligation is unquestioned by the shipping industry world-wide and one may not differentiate between humans entitled to be rescued e.g. seamen, fishermen and those who are not entitled like refugees. Everybody is to be rescued with no regards to origin, profession or the reason why he became a distress case. Conversely, there was until the adoption of the new IMO guidelines Guidance on the Treatment of Persons Rescued at Sea in May 2004 (coming into force in 2006, see page 8 item 2b IMO) no international regime to assist the master to disembark persons rescued at sea, nor precise obligations on coastal states to assist in the process. Fortunately this has changed as per the above IMO guidelines, which I will comment later. The Tampa incident had illustrated all too clearly, that the duty on ship s masters to go to the assistance of people in distress was not matched by a corresponding obligation on coastal states to assist in their disembarkation. But politicians must understand: our ships are not floating detention centres for rescued persons or stowaways. Ladies and Gentlemen, let us face reality: Denial of governments to disembark rescued persons without delay for the rescuing vessel have caused and will continue to do so if not changed immediately truly tragic, criminal and unacceptable reactions as described by Fairplay : crews turning a blind eye (to the predicament of refugees in distress). The terrible consequences, where nobody was there or prepared to rescue, are shown on these sad photos: 6

23 5 th Photo Italy, Lampedusa - March 07, 2002: refugees shipwrecked with ca. 80 victims. Here the recovering of some dead bodies (Porto Epedocle s port). 6 th Photo Italy, Lampedusa October 20, 2003: refugees tragedy ship wreck with refugees. Probably 90 Africans from Somalia died. It is said that mostly were children. Here dead bodies in a boat. 7

24 2) What has been done meanwhile? a) Industry itself Bimco, International Chamber of Shipping, Intercargo and Intertanko cooperating as the Round Table of international shipping associations have been engaged with other bodies in endeavouring to bring to the attention of the regulatory agencies the plight of ship s masters who rescue people at sea. They even have submitted the issue to the United Nations Secretary General, Mr. Kofi Annan for his top-level support. b) IMO The IMO under the guidance of Admiral Mitropoulos in cooperation with the United Nations high Commissioner for Refugees took the very welcome initiative to develop guidelines on Rescue at Sea to try to address this problem, and the entire maritime community should be glad that these guidelines and amendments to SOLAS were finally adopted by the IMO Maritime Safety Committee in May For my part, I might have hoped that they would put an even firmer commitment on coastal states to accept people ashore once they have been rescued at sea. But as we know this is a politically sensitive issue, and I understand that the International Chamber of Shipping is happy that the guidelines, whatever their short comings, will facilitate disembarkation ashore when they come into force in c) Commercial situation Frequently people are said to give economic concerns as reason for their cruel turning a blind eye to people in distress. This is ethically intolerable and even commercially one must differentiate: 1) Under time charter a ship can normally not be put offhire when going to assistance/rescue of persons in distress including the time to disembark them. The wording of the repective charterparty however is decisive. 2) If you are on voyage charter the shipowner s net loss will be covered by your P&I insurer. Please ask your P&I club for details. 8

25 Charterers and shipowners are commercially not alone. P&I insurers support rescue of life at sea, e.g. the North of England P&I club even published a special leaflet ( Signals Special, Number 7, September 2001) immediately after the Tampa incident. Above of this, money may never be the reason to let people die. 3) Since the strong international protest against the unacceptable behaviour of Australia in the case of the Tampa no I repeat no case in extend and delay like the Tampa came to my knowledge. In contrary I was informed about quick/easy disembarkations of rescued persons. For example in Malta, 34 rescued persons had recently been disembarked within less than one hour. It seems, that the disembarkation of rescued persons is handled now much much better, pragmatic and noiseless. This is good news for persons in distress, the masters and the owners. Also for this reason no one can try to justify the denials of rescues. Refusals would be criminal and unacceptable by all standards anyhow. cancel 6 th photo Show bulletpoint list. (see page 11) 3) What must be done by everyone of us? a) Own organisation Charity begins at home, means we e.g. shipowners, managers, Charterers etc. must address without delay even within this very day today the situation and the resulting humanitarian challenge in our organisations, on our ships and with our masters and crews. We must outspokenly assure them of all the moral and practical support they deserve including equipment with best possible binoculars suitable for lookout at night and in addition special night sight gear etc. We have to enable masters and crews to fulfil their legal and humanitarian obligations. We must further advise them to apply utmost attention not to oversee a distress case but to be willing and prepared to rescue. 9

26 As only those persons can help, who know about a situation, it is of utmost importance, that everyone of us acts as a multiplicator by spreading to other people especially to the reluctant ones - as well the information and appeal presented to you today as the documentation available at the exit and ask them also to act as multiplicators and that they ask their receivers to do likewise and so on, hopefully generating a snowball effect. b) General Accompanying these individual efforts, everybody of us must request his government that they achieve that coastal states accept their parts of the obligation: 1) disembarkation of rescued persons without delay 2) same procedure to be applied for stowaways, as they are only the other side of the coin which is called migration-problems, and which cannot be solved by the shipping industry. 3) ISPS mus not be allowed to make disembarkation even more problematic. 4) Stop people-smugglers, who illegally add to the problem and cause many loss of lives. 5) Stop boats from leaving from the very beginning, which of course would reduce the loss of life at sea dramatically. This we must request from our governments, authorities, members of parliament etc. What has to be done, one must do as quick and as frequent as possible, as the present situation does not allow any delay. III) End 1) Offers I hopefully convinced you, that everybody of us should become active to avoid further loss of life. There is an information paper available at the exit. It will show further geographical areas concerned. If there are not enough copies available then please take one of my business cards also available over there. If you drop me a call or an I will arrange that the documentation will be forwarded to you. 10

27 Everyone who wants to discuss or request or can supply further information regarding this issue to me is always welcome to contact me furthermore. I will of course also be happy to help by my know-how and contacts in any concrete rescue/disembarkation case. 2) Closing remark Ladies and Gentlemen, please do never forget if we like it or not: we shipowners, ship managers, charterers, our masters and our crews are the difference between life and death. Any negligence, mistake or even unwillingness on our side results in cruel loss of life at sea. This is a great responsibility. Let us live up to it and let us permanently request our political leaders to accept at least now their great responsibility to disembark rescued persons without delay. We have to join forces, to achieve something positive. Therefore please contribute and join the action by the IMO. By all means everyone industry and politicians have to do their part that tragedies like this one (show again 6 th photo) are not caused by failures of whatever kind on our side and if you did not know all this already before, then please consider my today s message as a wake-up-call. Thank your for your kind attention. 11

28 TOP-URGENT TO DO LIST 1) Inform, advise and reassure masters and crews to be utmost attentive and to rescue 2) Act as multiplicator 3) Request your governments, authorities, member of parliament etc. to ensure disembarkation without delay for all rescuing ships world-wide Do the above as quick and as frequent as possible and continue to do so in the future. 1

29 fm: Johann M. K. Blumenthal, Hamburg to: Masters all Vessels Re: rescue at sea refugees/migrants A Dear Captain, you have to expect to sight people in distress at sea, especially in following areas: 1.) The English Channel 2.) The Strait of Gibraltar and wide areas west and east of the Strait of Gibraltar in the Atlantic respectively in the Mediterranean, because whilst a part of the boats tries to cross the Strait of Gibraltar another part of the boats tries to avoid the Strait of Gibraltar and make wide circles to the Atlantic respectively into the Mediterranean in their attempt to reach Europe from North Africa 3.) The Strait of Otranto 4.) The Adriatic Sea 5.) Waters between Turkey and Greece 6.) From Syria to the Greek part of Cyprus and from there to the island of Crete and other Greek islands -(and Greek mainland?) 7.) From Libya, Tunisia, and other points in North Africa to Italy 8.) From Italy to France 9.) Mediterranean Sea in general 10.) Entire (?) Morocco coast direction north to Bay of Faro/Huelva/Cadiz 11.) From Mauritania to Canary Islands 12.) Africa to Canary Islands 13.) North Africa/Atlantic side of North Africa 14.) From Cape Verde Islands to Madeira and further to Portugal (and also directly from Cape Verde Islands to Portugal?) 15.) West African waters 16.) The Gulf of Aden 17.) Bab el Mandeb (Narrow between Eritrea, Djibouti and Yemen) 18.) Waters off Yemen (both, Red Sea and Gulf of Aden) 19.) Waters off Somalia 20.) Waters off Eritrea, Djibouti 21.) Arabian Sea 22.) Waters off Haiti 23.) Haiti to Bahamas 24.) Bahamas to Florida 25.) Waters off Cuba 26.) Florida Strait 27.) From Cuba to Honduras and possibly other directions/destinations 28.) Around Central America (Atlantic and Pacific side) 29.) The Caribbean Sea in general 30.) Gulf of Mexico (completely) 31.) US-Gulf (completely) 32.) From Ecuador north to Guatemala and Mexico 33.) From Sri Lanka to India 34.) Malacca Strait 35.) Waters off Indonesia and Australia 36.) The South China Sea in general 37.) From south east Asia to the northern Coast of Australia 38.) River Oder, Oder-Haff, and on the Baltic Sea This instruction serves to: -re-alarm you when navigating in these areas, -to encourage rescuing, -to assure you that the Company will provide all possible assistance once people are rescued,

30 Also: 1.) Instruct all your crew (not only seamen but also engine-, catering department, etc.) as well as any and all relievers joining the vessel BEFORE DEPARTURE to pay best possible attention, to be alert, vigilant and to inform you of any sightings and distress calls. 2.) Take any and all measures for ensuring best possible attention, e.g.: a) good look-out, i.e. not only looking forward but to cover a 360 degree circle. Use good and clean binoculars b) before entering respective sea areas as mentioned above, increase number of crew for look-out (whilst also complying with the necessary hours of rest as per STCW) and assign sectors to the respective look-outs, c) take care that look-outs - are observing not only the long distance but also the medium and short range area - are watching patiently considering possible swell, which means that boats/objects sometimes only become visible, are coming up out of the trough of a wave, which can take some time, until they can be seen on the top of a wave. d) attentive radar watch, i.e. if no buoy is expected in that position as well as no other traffic, visually already identified, then most likely, it may be a small craft. Most careful adjustment of all radar -sets: e.g. anti-clutter sea and rain, different distances etc., e) observe radar long enough -not only one, but many rotations -to detect small objects, which otherwise will not be reflected on the screen when they are e.g. in wave troughs f) good listening, i.e. in above areas both bridge doors (weather permitting) should be kept open as there were incidents reported where people have been rescued, even in bad visibility, because their shouting was heard. In our fleet we experienced a case under similar weather conditions, poor visibility, rain, stormy, one of our ships participated to rescue 4 fisherman in the Strait of Gibraltar, take any and all measures you consider helpful. g) maintain all measures day and night h) Ensure that despite of the big volume of navigational messages being received by - Navtex - DSC - Inmarsat - VHF - or whatever other means of communication the vessel may dispose of, be it in written or spoken form, all these messages are continuously and without delay checked and that the Master is informed imperatively without delay of any distress related messages be it day or night. i) The above items shall be incorporated in Masters standing instructions and repeated in the night order book, while vessel is in respective areas, for example as outlined above 1 to 28 and any other areas, which also may be concerned. 3.) Act in compliance with ISM. 4.) Do your duty as a human being, save lives whenever it becomes obvious to do so but avoid risks for the crew. 5.) Own experiences, background history (if known) in such cases, suggestions are much appreciated and to be addressed in writing to the technical dept. 6.) This message is to be filed with the Company circular letters and shall form part of the Hand- Over Protocol of Masters, for relievers to take note and to acknowledge. 7.) Last not least, this message shall be pinned to the black-board in both messrooms and thoroughly explained to officers and ratings. Pls. acknowledge n thanks for your cooperation Best Regards Capt. Lohse

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54 Newspaper articles regarding Rescue at sea Refugees/Migrants I) Trying to Migrate, 13 Moroccans Drown (Washington Post / 10 September 2001) Rabat, Morocco. Sept. 9 (Reuters) The bodies of 13 illegal would-be immigrants trying to reach Spain were found washed ashore on a Moroccan beach, the official news agency, MAP, said today. They were found with an injured survivor late Saturday on the beach at Sidi Bouknadel, 12 miles north of Rabat. The agency said the injured man, who was hospitalized, had told the gendarmerie that they victims were from a group of 60 Moroccans trying to cross by boat to Spain. The state-run television said Morocco s Royal Navy was searching for the remaining people it had found floating debris of a boat. It said the 60 Moroccans had paid $700 each for their trip. In a separate incident, the Royal Navy intercepted an engine-powered dinghy carrying another 39 would-be-immigrants, the state-run radio service said today. The boat was picked up off Morocco s northern Atlantic coastline, near the Strait of Gibraltar, late Saturday. The radio report said the group, which included one woman, had been trying to reach southern Spain. Last year, about 15,000 African immigrants were caught trying to enter Spain over the Strait of Gibraltar, according to official figures. II) Indonesian boat sank (Reuters, AFP, AP, BBC, Washington Post, CNN/ ) Asia, Jakarta, Oct 23 Traumatised survivors of an Indonesian boat that sank with the loss of more than 350 mostly Iraqi asylum seekers were being treated in hospital on Tuesday, many with broken limbs and coral cuts, officials said. The boat, which sank over the weekend on its way to Australia s Christmas Island from Lampung on Sumatra, was carrying asylum seekers from the Middle East and Afghanistan. The 44 survivors, including an eight-year-old boy who lost 21 members of his family, were plucked from the sea by Indonesian fisherman. (*) The way the people smugglers pack these boats with far too many people, we ve always been afraid, that this sort of tragedy was going to happen, IOM s head in Indonesia, Richard Danziger, told Reuters. (*) What we are focusing on right now is the medical help, the counselling I mean, they are severely traumatised, he said. (*) The survivors (*) were picked up by a small local fishing boats south off the western Tipp of Indonesia s main island of Java. They were mostly Iraqis, but included Iranians, Afghans, Palestinians and Algerians. III) Leaking Ship off Crete is Towed to Shore (The New York Times International / Friday, January 4, 2002) After a Turkish ship with more than 250 migrants sent out a distress call, the Greek authorities towed it yesterday toward the port city Ierapetra. Four days in rough seas left most of the passengers exhausted, hungry and cold. Nineteen were airlifted to a hospital, while the rest were helped to a first-aid tent near the port. Thousands of migrants mostly from Asia, eastern Europe and Africa try to enter Greece illegally every year, with many moving on to other European Union countries. IV) Ships turning blind eye to refugees (Asia Pacific News/June 20, 2002) Peter Dexter, Wallenius Wilhelmsen Line s regional director for Oceania, claimed this week that seaborne asylum seekers sometimes report seeing up to 50 passing

55 ships with crews turning a blind eye to their predicament. Dexter, who was involved in the response to last year s Tampa refugee incident, told a Shipping Australia lunch gathering in Sydney that WWL s ships had rescued more than 1,300 people since Stressing the need for shipping companies to be prepared for such situations, Dexter also recommended they remain focused on their primary responsibilities, a key message and strategy. Colleagues and companies must be kept well informed, he said. Understand the politics of the situation, but remain removed from involvement in political comment. Do not be drawn into political discussion. He added that during the Tampa crisis, WWL had to take account of the master, crew, the ship, survivors who were also refugees, the political aspects embroiling Australia, Norway and Indonesia, the general public, industry implications and the Australian political focus. V) Boat sinks off Coast of Turkey; One Survivor and 7 Bodies Found (New York Times International / Monday, December 22, 2003) Istanbul, Dec 21 (Agence France-Presse) A boat carrying about 60 Jordanian, Iraqi and Afghan would-be immigrants sank off the south-western coast of Turkey late Saturday. Rescuers hoping to find survivors had recovered seven bodies by late Sunday, Greek officials said. The rescuers were alerted by one man who was reported to have survived by clinging to a plank. The survivor said the boat had begun taking in water and had sunk near the Greek island of Rhodes, according to reports. The passengers had set out from the Turkish resort of Marmaris on a 46-foot-long wooden vessel in an effort to reach Rhodes, the Anatolia news agency reported. Many immigrants from Asia try to reach other countries of Europe by routes that include Turkey and Greece. Turkish officials said the boat had foundered about nine nautical miles off Marmaris. The harbour police chief, Christos Delimihalis, said a Greek ferry had picked up four bodies on the coast of Symi, an island in Greek waters near Rhodes, about seven miles from Marmaris, according to news reports. Police launches later discovered three more, the Greek Merchant Marine Ministry announced. Searches would continue throughout the night, Mr. Delimihalis said. Earlier, members of the Turkish Coast Guard scouring seas off Marmaris found only 13 life jackets and wreckage. Turkey said rescue efforts since late Saturday had turned up bits of wreckage but no sign of the passengers or crew members. Turkish authorities were alerted when a Turkish-registered passenger ship picked up the survivor, an Iraqi, from the waters late Saturday and brought him to Marmaris. The Iraqi, 37, said he was among the dozens of Jordanian, Iraqi and Afghan immigrants who set out from Marmaris aboard the wooden vessel trying to reach Rhodes, according to the Anatolia news agency. VI) Concerns Rise on African Migrants (Express / ) Nouakchott, Mauritania / African migrants desperate to escape the world s poorest continent are streaming through Mauritania in unimaginable numbers to embark on a perilous ocean voyage to Europe that has already killed hundred, the prime minister said. The exodus prompted a call for help from Mauritania Thursday, and European leaders concerned about absorbing the immigrants already on their shores are eager to cooperate. More than1,000 Africans some driven by hope for jobs, other escaping their continent s many wars have died over the past four months alone while trying to sail in small wooden boats from Mauritania to Spain s faraway Canary Islands, Mauritania s Red Crescent branch says. Prime Minister Sidi

56 Mohamed Ouid Boubacar calling on the West to send planes, boats and vehicles so Mauritania could better patrol its borders said Thursday that authorities had arrested 3,900 migrants in 2005 but that 1200 had already been detained this year. What is arriving is unimaginable, he said. Boubacar appealed in particular to the European Union, the migrants, Ahmed Mohammed (AP) VII) Two dead, 30 missing as Mauritania boat disappears (Reuters, 03Apr 2006) NOUAKCHOTT, April 3 (Reuters) - Two people drowned and 30 were missing after a launch carrying would-be illegal immigrants from Mauritania to Spain's Canary Islands disappeared off the West African coast, emergency Services said on Monday. Another launch transporting 25 people from Mauritania, Gambia, Senegal and Mali was rescued on Saturday afternoon after it had drifted for weeks along the coast of Mauritania following problems with its outboard motors, officials said. Navy officials were searching for the missing boat after fishermen found the bodies of two men floating at sea. The open, mostly wooden fishing boats normally used by illegal migrants are often unable to withstand storms or rough seas. Both vessels had left the Mauritanian port of Nouadhibou, close to the northern border with Western Sahara, on the perilous 800-km (500-mile) voyage to the Canary Islands. "We left Nouadhibou more than a month ago and we went 17 days without food," one 25-year-old survivor told Reuters, "We had nothing to drink but sea water." The man, who asked not to be identified, said each passenger had paid the equivalent of 1,000 euros ($1,200) for the trip. Around 20 of them were being treated in Nouakchott for exhaustion, starvation and dehydration, Their launch was rescued 30 km (20 miles) from the capital Nouakchott after having drifted on ocean currents 500 km (300 miles) south of Nouadhibou. More than two-thirds of the population of West Africa are under 30 years of age, and unemployment in some countries tops 50 percent, leaving many with no hope of finding a Job. Mauritania signed a deal with Spain last month to try to stem the rising tide of migrants attempting the dangerous crossing. The two governments agreed to mount joint coastal patrols and to crack down on people-trafficking networks. The governor of Nouadhibou estimated in March that around 1,000 sub-saharan Africans were arriving in the port every month to attempt the crossing, one of the main routes into Europe since Moroccan officials clamped down last year on attempts to enter Spain's north African enclaves of Ceuta and Melilla.( By Ibrahima Sylla) ((MAURITANIA-IMIIIGRATION; Writing by Daniel Flynn; Editing by Giles Elgood; Dakar Newsroom ))