INTERNATIONAL MARITIME
ORGANIZATION 4
ALBERT EMBANKMENT LONDON
SE1 7SR Telephone: 020 7735 7611 Fax: 020
7587 3210 |
IMO
|
E |
DRAFT
CIRCULAR ON
PRINCIPLES
RELATING TO ADMINISTRATIVE PROCEDURES FOR DISEMBARKING PERSONS RESCUED AT SEA
1 The Facilitation Committee, at its thirty-second (4 to 8 July 2005), thirty-third (3 to 7 July 2006) and thirty-fourth (26 to 30 March 2007) sessions, discussed the problems connected with disembarking persons rescued at sea. The discussions highlighted and emphasized the importance of the issue.
2 The
Committee, at its thirty-fifth session (12 to 16 January 2009), acknowledging
the necessity for Member Governments to have common ground regarding the
administrative procedures for disembarking persons rescued at sea, identified
the following five essential principles for that Member
Governments to should incorporate
into their administrative procedures for disembarking persons rescued at sea in
order to harmonize the procedures and make them efficient and predictable:
.1 The coastal States should ensure that the search and rescue (SAR) service or other competent national authority coordinates its efforts with all other entities responsible for matters relating to the disembarkation of persons rescued at sea;
.2 It
should also be ensured that any operations and procedures such as screening and
status assessment of rescued persons that go beyond rendering assistance to
persons in distress are to be carried out after disembarkation to a place of
safety. The master should normally
only be asked to aid such processes by obtaining information about the name,
age, gender, apparent health and medical condition and any special medical needs
of any person rescued. If a person
rescued expresses a wish to apply for asylum, great consideration must be given
to the security of the asylum seeker.
When communicating this information, it should therefore not be shared
with his or her country of origin or any other country in which he or she may
face threat;
.3 All
parties involved (for example, the Government responsible for the SAR area
where the persons are rescued, other coastal States in the vicinity or in
the planned route of the rescuing ship, the flag State, the shipowners and their
representatives, States of nationality or residence of the persons rescued, the
State from which the persons rescued departed, if known, and the United Nations High Commissioner for Refugees
(UNHCR)) should co-operate in
order to ensure that disembarkation of the persons rescued is carried out
swiftly, taking into account the masterÕs preferred arrangements for
disembarkation and the immediate basic needs of the rescued persons. The Government responsible for the SAR
area where the persons were rescued should exercise
primary responsibility for ensuring such co-operation
occurs. If disembarkation from the
rescuing ship cannot be arranged swiftly elsewhere, the Government responsible
for the SAR area should accept the disembarkation of the persons rescued in
accordance with immigration laws and regulations of each Member State into
a place of safety under its control in which the persons rescued can have
timely access to post rescue support;
.4 All parties involved should cooperate with the Government of the area where the persons rescued have been disembarked to facilitate the return or repatriation of the persons rescued. Rescued asylum seekers should be referred to the responsible asylum authority for an examination of their asylum request; and
.5 International
protection principles[1]
as set out in international instruments shall should be
followed. Respect of
the non-refoulement principle enshrined in international law must be
ensured. Disembarkation in and/or
return of refugees and asylum seekers to territories where their lives and
freedoms would be threatened or any individual to territories where there are
substantial grounds to believe that they may be subjected to torture shall be
avoided. Personal information, for
example, if the person rescued declares himself/herself a
refugee, must be treated confidentially to the extent necessary for the
security of the person rescued.
Where appropriate, UNHCR
should be consulted in such circumstances.
3 Member Governments are urged to ensure that their administrative procedures are in accordance with the principles set out in this circular, and to convey the information in this circular to the relevant competent national authorities.
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[1] These include oObligations not to return persons, where there are substantial grounds
for believing that there is a real risk of different forms of irreparable harm,
which may
be derived from international human rights law. For example, article 33(1) of the 1951 Convention
relating to the Status of refugees
provides: ÒNo Contracting State shall expel or return (ÒrefoulerÓ) a refugee in any manner whatsoever to the frontiers of
territories where his life or freedom would be threatened on account of his
race, religion, nationality, membership of a particular social group or political
opinionÓ. Article 3(1) of the 1984
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment provides: ÒNo State Party shall expel, return (ÒrefoulerÓ) or extradite a person to another State where there are substantial grounds for
believing that he would be in danger of being subjected to tortureÓ.