Search and Rescue

Commodore RS Vasan IN (Retd)

CAS
A shipmaster’s obligation

…to render assistance at sea is a longstanding

humanitarian maritime tradition. It is also an obligation
that is recognized by international law. Article 98 of the
United Nations Convention on the Law of the Sea, 1982
(UNCLOS) codifies this obligation in 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 ... to render
assistance to any person found at sea in danger of
being lost …”. in addition to imposing an obligation on
States to “promote the establishment, operation and
maintenance of an adequate and effective search and
rescue service regarding safety on and over the sea …”
The International Convention for the Safety of Life at Sea (SOLAS)
Convention regulation V/33.1 provides that the

“master of a ship at sea which is in a position to be able to 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.”

Similar responsibilities to render assistance to a distressed vessel or

aircraft can be found in other international conventions such as
the Annex 12 to the Convention on International Civil Aviation and
the International Convention on Maritime Search and Rescue (SAR
Convention). The SOLAS Convention also addresses in chapter V,
regulation 7, the responsibility of Governments

"to ensure that necessary arrangements are made for distress

communication and coordination in their area of responsibility and
for the rescue of persons in distress at sea around its coasts.
These arrangements should include the establishment, operation
and maintenance of such search and rescue facilities as are
deemed practicable and
SAR Convention
 In l979, a conference convened by IMO in Hamburg adopted the
International Convention on Maritime Search and Rescue (SAR
Convention), which entered into force in 1985.

 The aim was to develop an international SAR plan, so that, no

matter where an accident occurs, the rescue of persons in distress
at sea will be coordinated by a SAR organization and, when
necessary, by co-operation between neighbouring SAR
organizations.

 The obligation to assist is aimed more at Parties in this

convention, who "shall, as they are able to do so individually or in
co-operation with other States…,participate in the development of
search and rescue services to ensure that assistance is rendered
to any person in distress at sea.

 On receiving information that any person is or appears to be in

distress at sea, the responsible authorities of a Party shall take
urgent steps to ensure that the necessary assistance is provided
..Ratification

However the original Convention was not ratified by as

many countries as some other treaties. Accordingly in
1995 it was agreed that there were a number of
substantial concerns that needed to be taken into
account, and the convention was revised.

The revised annex to the SAR Convention which entered

into force on 1 January 2000 clarifies the
responsibilities of Governments and puts greater
emphasis on the regional approach and co-ordination
between maritime and aeronautical SAR operations.
 Salients
The Convention requires Parties, either
individually or in co-operation with other
States, to establish basic elements of a search
and rescue service, which are defined as:-

 a legal framework;
 assignment of a responsible authority;
 organization of available resources;
 communication facilities;
 co-ordination and operational functions; and
 processes to improve the service, including
planning, domestic and international
cooperative relationships and training.
 Salients
Parties to the SAR Convention are encouraged to enter
into SAR agreements with neighbouring States
involving:-

 the establishment of SAR regions,

 the pooling of facilities,
 establishment of common procedures,training and
liaison visits
 co-operation.

The Convention also details preparatory measures which

should be taken, including the establishment of rescue
co-ordination centres and sub-centres.

It outlines operating procedures to be followed in the

event of emergencies or alerts and during SAR
 Salients
 The SAR Convention was designed to provide
the framework for search and rescue
operations.
 Together with other resolutions and
recommendations adopted at the l979
Conference, should ensure that such
operations are conducted with maximum
speed and efficiency, no matter where the
distress incident occurs.
 Its effectiveness depends almost entirely on
how well it is implemented and this depends in
turn on the action taken by Parties to the
Convention.
 REGULATION 34 –
Safe navigation and avoidance of dangerous situations
1 Prior to proceeding to sea, the master shall ensure that the
intended voyage has been planned using the appropriate nautical
charts and nautical publications for the area concerned, taking into
account the guidelines and recommendations developed by the
Organization. (Refers to the Guidelines for Voyage Planning,
adopted by the Organization by resolution A.893(21))

2 The voyage plan shall identify a route which:

a) takes into account any relevant ships' routeing systems;

b) ensures sufficient sea room for the safe passage of the ship
throughout the voyage;
c) anticipates all known navigational hazards and adverse weather
conditions; and
d) takes into account the marine environmental protection measures
that apply, and avoids as far as possible actions and activities
which could cause damage to the environment.
 REGULATION 34
Safe navigation and avoidance of dangerous situations

3 The owner, the charterer, or the company, as defined

in regulation IX/1, operating the ship or any other
person, shall not prevent or restrict the master of the
ship from taking or executing any decision which, in the
master's professional judgement, is necessary for safe
navigation and protection of the marine environment
 Treatment of persons rescued at sea
Resolution A.920(22) - 22nd assembly of IMO session

……Resolution A.920(22) requested IMO

to review all IMO instruments so that any
existing gaps, inconsistencies,
ambiguities, vagueness or other
inadequacies could be identified and any
action needed could be taken.
 REGULATION 35
Misuse of distress signals

The use of an international distress signal,

except for the purpose of indicating that
a person or persons are in distress, and
the use of any signal which may be
confused with an international distress
signal, are prohibited.
 Treatment of persons rescued at sea
Resolution A.920(22) - 22nd assembly of IMO session

 Survivors of distress incidents are provided

assistance regardless of nationality or status or
the circumstances in which they are found.
 Ships, which have retrieved persons in distress
at sea, are able to deliver the survivors to a
place of safety; and
 Survivors, regardless of nationality or status,
including undocumented migrants, asylum
seekers and refugees, and stowaways, are
treated, while on board, in the manner
prescribed in the relevant IMO instruments and
in accordance with relevant international
agreements and long-standing humanitarian
maritime traditions.
They also add to and clarify the existing
longstanding obligation to provide
assistance, adding the words:

"This obligation to provide assistance

applies regardless of the nationality or
status of such persons or the
circumstances in which they are found."
Ship master's discretion

an important amendment which states that "the

owner, the charterer, the company operating the
ship…, or any other person shall not prevent or
restrict the master of the ship from taking or
executing any decision which, in the master's
professional judgement, is necessary for safety
of life at sea and protection of the marine
environment."
 SOLAS and SAR Convention amendments
Following considerable complex, sometimes contentious
and demanding and highly sensitive negotiations IMO
has adopted amendments to the SOLAS and SAR
conventions

-These amendments are contained in MSC Resolutions

153 (78) and 155(78) and entered into force in 1 July
2006 and highlight that :-

 The obligation of the master to render assistance

should complement the corresponding obligation of IMO
Member Governments to co-ordinate and co-operate in
relieving the master of the responsibility to provide
follow up care of survivors and to deliver the persons
retrieved at sea to a place of safety.
At the same session the MSC adopted
associated guidelines, contained in MSC
Resolution 167(78), which are presently
applicable.

The purpose of these amendments and the

guidelines is to help ensure that persons
in distress are assisted, while minimizing
the inconvenience to assisting ships and
ensuring the continued integrity of SAR.
new SOLAS regulation V/33 and Annex to the
SAR Convention
 ……………… as amended, impose upon Governments
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.
 to ensure that in every case a place of safety is
provided within a reasonable time. The
responsibility to provide a place of safety, or to
ensure that a place of safety is provided, falls on
the Government responsible for the SAR region in
which the survivors were recovered.
 However this does not mean that that Government
is obliged to disembark the survivors in its own
area
Each case, however, can involve different
circumstances. These amendments give
the responsible Government the flexibility
to address each situation on a case-by-
case basis, while assuring that the
masters of ships providing assistance are
relieved of their responsibility within a
reasonable time and with as little impact
on the ship as possible.

Objections remaining to Resolutions

MSC.153(78) and155(78) from Malta and
Finland
 Stowaways
The situation regarding stowaways is also a
matter of longstanding concern but is also
very complex. The resolution of stowaway
cases is difficult for various reasons including
that of different national legislation in each of
the potentially several countries involved:

 the country of embarkation,

 the country of disembarkation,
 the flag State of the vessel,
 the country of apparent, claimed or actual
nationality/citizenship of the stowaway,
 and countries of transit during repatriation.
 Stowaways amendments effective
from May 2003
 In general these amendments seek to ensure:-
 ..through contracting Governments that public
authorities, port authorities ship owners and
shipmasters cooperate to the fullest extent
possible in order to prevent stowaway incidents
 .. to resolve stowaway cases expeditiously and
secure that an early return or repatriation of
the stowaway will take place.

All appropriate measures shall be taken in order

to avoid situations where stowaways must stay
on board ships indefinitely.
Transport of migrants: resolution A.867(20)
which invites Governments to co-operate in the
interests of safety of life at sea by increasing their
efforts to suppress and prevent unsafe practices
associated with the trafficking or transport of
migrants by sea and by ensuring that effective and
prompt action is taken against such unsafe practices;
and to:-

 take action as required by international instruments

to detain all unsafe ships, including those used for the
trafficking or transport of migrants by sea,
 to report promptly to the Government whose flag
such ships are entitled to fly, and
 to supply to the Organization pertinent information
on all incidents concerning unsafe practices associated
with the trafficking or transport of migrants by sea
which come to their attention.
 In conclusion,,,,
…in an age when ships' captains are constantly
asked to improve efficiency and cut costs, it
remains vital that they continue to rescue
those found in grave peril on the sea -
whoever they are and whatever their reason
for being there.
The new IMO amendments should help to
ensure that any ambiguities surrounding the
obligations of all concerned towards those who
become involved in an accident at sea are
clarified,
….and that anything which might serve as a
disincentive to ships' masters in the fulfillment
of their obligations, is removed.
Questions?????