?
L-
II
DEFICIENCIES IN THE PRESENT SITUATION
Rendering assistance at sea
L
yours
13. Ships' masters are acutely aware that effecting a rescue will
lead to delay and expense for the shipowner. Maritime law on contract allows ships to deviate from their course to answer a distress call nevertheless moves have been made to introduce charter party clauses
which place the burden of expense only on the shipowner if those rescued turn out to be refugees and not 'survivors' in the accepted sense. Such pressures could lead to shipowners considering whether to re-route their ships.
14.
Shipowners are, however, reluctant to advise masters to deviate
from the usual and probable course of the voyage since their contract-
ual responsibilities in this regard are tightly circumscribed.
The
likelihood is that some owners
owners have nevertheless chosen to avoid sailing in areas where there is chance of sighting refugee craft.
First port of call
!
15. Difficulties have arisen recently in disembarking refugees after rescue resulting in a partial breakdown of the first port of call principle. The scale of the current problem has meant that this practice has been breached either by complete refusal by the port state to accept refugees, or refusal to accept them unless the flag state gives an undertaking to resettle them within a specified time. This has led not only to protracted negotiations but also, if the port grants transit rights only, to delays in resolving the logistical problems of onward transit of the refugees.
16.
Shipowners have had to face heavy losses due to these delays
with no possibility of indemnity on a collective basis. In addition to loss of earnings they also have to face the possibility of consequential damage suits from charterers and shippers. The burden
has not been equally shared since, apart from the random nature of rescue incidents, it is known that some shipowners have advised maste?
to ignore refugees in order to avoid financial loss. There have been differences in the willingness of flag states to give last resort
/ guarantees
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