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First Port of Call
though before the refugee problem reached
its current proportions)
3. It has long been accepted internationally that persons rescued
at sea are accepted, at least for temporary landing, by the country
of the next port of call which is identifiable from the ship's
manifest and port clearance papers. There is no rule of inter-
national law providing for a ship which has picked up people in
distress to disembark them at its first port of call. A decision
taken by the Executive Committee of the UNHCR in October 1978
called on all coastal states to allow, after rescue by a ship, at
least temporary asylum to refugees coming to their shores as a
first port of call or otherwise in grave jeopardy.
Adherence to Relevant Conventions
4.
Amongst the major maritime nations, Liberia, Panama and China
are not parties to the Brussels Convention on Assistance and Salvage
at Sea or the Geneva High Seas Convention.
In addition, Liberia
has not signed the Safety of Life at Sea (SOLAS) 1960 but she is a
party to the 1974 SOLAS Convention (not yet in force). Flag states
who are parties to the Conventions have an obligation to ensure that
masters of ships of their registry comply with the provisions of
the Conventions. The extent to which flag states carry out this
obligation varies. There have been cases where ship owners have
instructed masters to avoid picking up refugees and the flag state
has taken no action.
ΙΙ
POSSIBLE ACTION BY THE CONFERENCE
Action by Flag States
5.
(i) Participants in the Conference could reaffirm the
obligations of flag states in respect of the duty of ships' masters
to give assistance to those in distress at
(Notes:
(a) Impracticable to add any declaration on Masters' discretion not
to carry out rescue on grounds that this would endanger his
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