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1 INTERNATIONAL MARITIME ORGANIZATION Barcelona, 29 April 2015 IMO Initiatives on persons rescued at sea MARITIME SECURITY AND FACILITATION MARITIME SECURITY AND FACILITATION
2 Content of the presentation 1. Introduction 2. Obligations to provide assistance at sea under current Conventions 3. Background on problems for disembarkation of persons rescued at sea 4. Amendments to SOLAS and SAR 5. Other relevant IMO instruments 6. Latest developments 7. Summary MARITIME SECURITY AND FACILITATION 2
3 1- Introduction As a result of wars, famine, poverty, political or religious persecution, thousands of people travel in unseaworthy boats to find better conditions of living MARITIME SECURITY AND FACILITATION 3
4 1- Introduction MARITIME SECURITY AND FACILITATION 4
5 2 - Obligations to provide assistance at sea under current Conventions UNCLOS: Article 98 SOLAS: obligation of: masters to proceed with all speed to the assistance of persons in distress at sea regardless of the nationality or status of such persons or the circumstances in which they are found (regulation V/33.1); and Contracting Governments to ensure arrangements for coast watching and for the rescue of persons in distress at sea round their coasts (regulation V/7). SAR: FAL: Standard 7.8 SALVAGE: article 10 MARITIME SECURITY AND FACILITATION 5
6 3- Background on problems for disembarkation of persons rescued at sea Container ship Tampa off Australia in August 2001 The IMO Assembly adopted resolution A.920(22) Governments are encouraged to take all possible measures to prevent the use of unsafe boats to transport migrants endangering their life and the safety of the ship and of the cargo MARITIME SECURITY AND FACILITATION 6
7 4- Amendments to SOLAS and SAR Conventions Approved in 2004, and entered into force 1 July 2006 (MSC resolutions 153(78) and 155(78)): Governments have an obligation 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 ensure that in every case a place of safety is provided within a reasonable time and with a minimum deviation Guidelines on the treatment of persons rescued at sea (Resolution MSC.167 (78): Primary responsibility to provide a place of safety, or to ensure that a place of safety is provided, falls on the Government responsible for the SRR MARITIME SECURITY AND FACILITATION 7
8 5- Other relevant IMO instruments MSC/Circ.896.Rev.1, Interim measures for combating unsafe practices associated with the trafficking or transport of migrants by sea (2001). FAL.3/Circ.194 on Principles relating to administrative procedures for disembarking persons rescued at sea (2009) MARITIME SECURITY AND FACILITATION 8
9 6- Latest developments Increased problems particularly in Mediterranean sea (Malta, Italy and Spain) discussions in MSC, FAL, LEG, COMSAR, FSI. March 2010: Secretary General s initiative to promote regional MoU - idea of generating a pilot scheme, to be extended to other areas, to facilitate the disembarkation of migrants rescued at sea MARITIME SECURITY AND FACILITATION 9
10 6- Latest developments Rome, Italy, 12 October 2011 Informal meetings held in IMO Headquarters by a consultation group in July 2010, April 2011, June 2011, February 2012, November 2013, February 2014, April 2014, and April 2015 MARITIME SECURITY AND FACILITATION 10
11 6- Latest developments The high-level United Nations Inter-Agency Meeting on Unsafe Mixed Migration by Sea, which took place at IMO Headquarters on 4 and 5 March. MARITIME SECURITY AND FACILITATION 11
12 6- Latest developments Prevention of irregular migration: Joint efforts with other UN Agencies: Joint statement 10 December 2014 IMO s main concern: stop illegal, unregulated passage arranged by people smugglers, that put the lives of the migrants in danger, and also endanger the rescue services and merchant shipping taking part in the rescue operations. In 2014, 882 merchant ships diverted by the Italian RCC, 254 of them took migrants on board. These ships rescued more than 42,000 persons. Over 7500 persons rescued in 2015 so far. MARITIME SECURITY AND FACILITATION 12
13 6- Latest developments LEAFLET RESCUE AT SEA: Practical guide for Masters, ship owners, Government authorities, insurance companies, and other interested parties involved in rescue-at-sea situations. Prepared jointly by: IMO, UNHCR, and ICS MARITIME SECURITY AND FACILITATION 13
14 7- Summary Mediterranean migrant deaths: EU faces renewed pressure Analysis - Migrant deaths may shame Europe over Mediterranean moat Gates of Europe bloodied again as 700 migrants feared dead in awful Mediterranean boat tragedy 650 dead in migrant shipwreck, Muscat and Renzi demand EU summit UNHCR - New Mediterranean boat tragedy may be biggest ever, urgent action is needed now European Commission Statement on developments in the Mediterranean MARITIME SECURITY AND FACILITATION 14
15 7- Summary IMO will play its part but the ultimate solution lies in collaboration among several other bodies and UN agencies and intergovernmental Organizations Current situation makes an intolerable strain on rescue services and on merchant vessels MARITIME SECURITY AND FACILITATION 15
16 7- Summary IMO could be reviewed legislation underpinning sea rescues by commercial shipping as a "matter of priority" in the light of mass rescues of migrants and refugees being conducted in the Mediterranean Sea. MARITIME SECURITY AND FACILITATION 16
17 7- Summary Stop illegal, unregulated passage arranged by people smugglers, that put the lives of the migrants in danger, endanger the rescue services and merchant shipping which take part in the rescue operations, and pose a threat to navigational safety and the marine environment. MARITIME SECURITY AND FACILITATION 17
18 International Maritime Organization 4 Albert Embankment London SE1 7SR United Kingdom Tel: +44 (0) Fax: +44 (0) info@imo.org twitter.com/imohq facebook.com/imohq youtube.com/imohq flickr.com/photos/ imo-un/collections MARITIME SECURITY AND FACILITATION
4 ALBERT EMBANKMENT LONDON SE1 7SR Telephone: +44 (0) Fax: +44 (0)
E 4 ALBERT EMBANKMENT LONDON SE1 7SR Telephone: +44 (0)20 7735 7611 Fax: +44 (0)20 7587 3210 MSC.1/Circ.896/Rev.2 26 May 2016 INTERIM MEASURES FOR COMBATING UNSAFE PRACTICES ASSOCIATED WITH THE TRAFFICKING,
A guide to principles and practice as applied to migrants and refugees
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