CONFIDENTIAL
- 7
22. he issues raised by the boat cases are complex and certain aspects require new approaches and solutions. The problem of boat cases is, self-evidently, of international concern. Whatever their motives for leaving, once at sea the circumstances of all such persons have presented a grave humanitarian problem which requires an international solution. Boat cases need special measures to accord them protection. In addition to the problem of rescue at sea, which is examined later in this Note, three stages are involved: securing permission to land, interim material assistance and finally, a durable solution.
23. Many countries make permission to land conditional on the expectation, and in some cases the guarantee of resettlement elsewhere, and may set a time or numerical limit on this permission. Both the first and last stages of the process thus involve the exercise by governments of sovereign prerogatives, which UNHCR can only but must seek to influence on humanitarian grounds. It is essential, therefore, that on the one hand the rates of departure provide a reasonable expectation that durable solutions can be achieved and, on the other, that the prior conditions set for disembarkation should indeed follow humanitarian practice, and at a minimum not lead to loss of life or otherwise place refugees in grave jeopardy.
Rescue at Sea
24. Some 15 per cent of all boat-case arrivals have been rescued on the high seas by passing vessels. The craft used by the boat cases are often over-loaded and more suited to coastal waters. Boat cases have also reported that passing vessels have ignored distress signals. Regrettably, therefore, boat cases have been lost at sea, not only when rescue was not at hand, but also after disregard of distress signals.
25.
The rendering of assistance to persons at sea whose lives are in danger has long been recognized as a legal obligation incumbent upon all ships' masters. The International Convention for the Safety of Life at Sea, 1960, which has been ratified/acceded to by 98 States, spells out the mandatory nature of rescue at sea and defines the role of masters of ships from whom assistance is requested. This duty is reinforced by the obligation imposed on Contracting States by Article 1 of the Convention to adopt national legislative or administrative measures to ensure the effective implementation. of its provisions. The Convention, additionally, imposes an obligation upon Contracting Governments to ensure search for and rescue of persons in distress at sea around their coastline.
26.
The Law regarding rescue at sea is thus clear and unambiguous. However, three factors give rise to special difficulties when considering boat cases. The first is the problem of disembarking rescued boat cases; the second the financial consequences of the rescue; and the third the nature of the distress.
27. In the circumstances for which the international law was framed, persons rescued at sea are disembarked without difficulty at the next, or often the most suitable, port of call. A state is under an obligation to make arrangements for the repatriation of its nationals rescued at sea. This does not apply to the boat cases, who seek asylum. As a result, the authorities of the next port of call,
CONFIDENTIAL
No comments yet.
Private notes are available after approval.