Action by First Port of Call Countries
22. (i) Participants could call for universal observance of
the principle that states at which a vessel makes its first scheduled call after achieving a rescue should permit refugees to disembark and give them immediate temporary asylum, in co-operation with the UNHCR, until permanent arrangements for re-settlement can be made.
(ii) It is for consideration whether the principle in (i) above should be extended to ports where a vessel calls for reasons of safety (ie ports of refuge) or where it calls because it is unable to provide the necessary medical or other facilities for those on board (ie an emergency call).
(Notes: (a) It would not be practicable in the present
context to propose the establishment of a new rule of law along the lines of (i) above, since this would take too long to introduce even if it proved acceptable.
(b) It is not proposed that any measures should be adopted concerning financial compensation from international sources for costs, losses and liabilities incurred by ship-owners as a result of their compliance with the obligation to assist those in distress.)
Action by Flag or Owning States
23. Participants could call on Flag states to accept responsibility in the last resort for the resettlement of refugees picked up by vessels sailing under their flag; in the case of vessels whose
beneficial owners were national of a state different from the
vessel's flag state, responsibility for accepting refugees in the last resort should be for negotiation between the two states.
(Note: If proposals for the creation of international
processing centres should be implemented, an alternative
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