Economic Migrants in Distress at Sea
The sea shall not have them, but
who should? The difficulties of dealing with refugees and
economic migrants rescued at sea. - A seminar
hosted by the Honourable Company of Master Mariners, London,
February 2008
Introduction
The tradition of seafarers rescuing those in distress at
sea is an ancient one. Many will remember the assistance
afforded to the Vietnamese Boat People during the late
1970s. Since then, the number of desperate people setting
out in unseaworthy boats has not diminished. For example,
Spanish maritime authorities intercepted some 30,000
economic migrants in 2006 alone. These human tragedies are
usually hidden from view with the occasional notorious case
such as that of Norwegian-flagged M/V Tampa.
In 2001 the Tampa, with a crew of 27, rescued over 400
Afghan migrants from a distressed fishing boat in
international waters. The nearest port was Christmas Island.
However the Australian government refused to allow
disembarkation leaving the captain to cope with dangerous
overcrowding and many rescued people requiring medical
treatment. The case led the International Maritime
Organisation (IMO) to review the legal instruments regarding
safety of life at sea.
In February 2008, the Honourable Company of Master
Mariners, the professional organisation of seafarers of the
United Kingdom, hosted a seminar on this subject.
Representatives of seafarers' welfare organisations and
international shipping met with experts in maritime law and
human rights to discuss the difficulties of dealing with
refugees and economic migrants rescued at sea. By
considering the position of the seafarers involved,
delegates hoped to consider how to ensure that the
humanitarian principle of assisting those in distress at sea
is upheld.
International law
Article 98 of the United Nations Law of the Sea (UNCLOS)
states that ships' masters have a duty to render assistance
to persons in distress at sea without endangering their own
ship, crew or passengers. The IMO treaty on the Safety of
Life at Sea (SOLAS) as amended in 2006 following the Tampa
case, reinforces this duty to assist those in distress
regardless of their status and circumstances. Governments of
IMO member states have a corresponding obligation to deliver
persons rescued to safety while ensuring minimum disruption
to ships.
Refugees and economic migrants
The legal position of refugees and migrants is defined by
the UN Declaration of Human Rights. Article 14 states that
everyone has the right to seek asylum while Article 33
defines the principle of "non-refoulement", i.e. principle
in international law of protecting refugees from return to
places of danger. While the status of "refugee" is a
specific definition, everyone has the right to request
asylum for whatever reason. There is therefore no such thing
as an "illegal asylum seeker".
The situation for seafarers
Representatives of the Apostleship of the Sea and our ecumenical partners
Mission to Seafarers explained the difficulties which crews
face when rescuing people at sea. There are practical issues
such as a shortage of provisions onboard and risks to health
without quarantine facilities or sufficient medical
supplies. There is also the psychological impact of taking
strangers onboard the ship, which is the seafarers' home,
and the sense of insecurity if those rescued outnumber the
crew.
There may be commercial pressures. Some masters may fear
that if they deviate from their course in order to rescue
persons in distress, they will be penalised by shipping
companies and not receive further contracts. In addition,
seafarers' rights may be threatened when they attempt to
disembark rescued persons at the nearest place of safety. In
port, they may be denied shore leave, contrary to
international law. In extreme cases, crews of ships carrying
rescued migrants have been accused of people trafficking.
Conclusions
Anecdotal evidence suggests that some masters are
ignoring the fundamental obligation of rendering assistance
to those in distress at sea regardless of status or
circumstances. This may be due to commercial pressures or
the difficulty of landing survivors. The distinction between
"refugee", "asylum seeker" and "economic migrant" is not
relevant. Ships' masters should not have to make judgements
about the status of persons rescued. This is a matter for
the authorities in the countries of disembarkation.
Delegates called on international organisations and the
shipping industry to maintain the obligation to rescue all
who find themselves in distress at sea for whatever reason
and on governments specifically to facilitate the
disembarkation of persons rescued at sea.
Exemplary seamanship
Delegates heard at first hand the experience of Captain
Maxim Sharov, Master of the SCF Tomsk which rescued 42
people in distress in the Atlantic in June 2007. The crew of
the Tomsk numbered just 22. Thanks to the co-operation of
the shipping company and the port state, the rescued
migrants, who were from various African countries, were put
safely ashore in Cape Verde.
Conference paid tribute to the seamanship of Captain
Sharov. In recognition of his exemplary conduct in
discharging the duty of rescuing persons in distress at sea,
the Honourable Company of Master Mariners presented a
certificate of merit to Captain Sharov. |