Migrants at Sea Ivar T. Brynildsen, Vice President Gard AS

Refugees at Sea Background, history and current situation International and maritime law Current situation in the Med. –and Bay Of Bengal Rescue at Sea – challenges and precautions

Refugees at Sea Background, history and current situation Vietnam ‘Boat People’, 1975 – 1995, an international humanitarian crisis. 2 mill fleeing Vietnam, 800,000 by sea UN Conference in 1979; − Vietnam to control the flow of refugees − Temporary asylum in SE Asian countries − Western countries to receive refugees for resettlement

Refugees at Sea Background, history and current situation Upsurge in refugee routes at sea in the 1990s Tighter control at borders and ports of entry gives rise to professional, well organized people smugglers Migrants are generally people with legitimate need of asylum, but economic refugees, bounty hunters and criminals mix in Typically people have fled from; − Albania − Northeast/Central Africa − Caribbean − Southwest Asia

Refugees at Sea Background, history and current situation TAMPA, 26 Aug 2001, distress call from Australian RCC centre 438 people picked up between Christmas Island and Indonesia Rescued people resisted return to Indonesia Australia refused TAMPA access to Australian territorial waters TAMPA issued MAYDAY and approached Christmas Island Australia was eventually forced to resolve the situation

Refugees at Sea Background, history and current situation Current situation; − Never so many refugees since WW II − IS in Northern Iraq, Boko Haram in Nigeria, Al-Shabab in Somalia − Civil war in Syria and Yemen − South Sudan and Central Africa − Eritrea totalitarian regime − Rohingyas from Myanmar

Refugees at Sea Background, history and current situation

Refugees at Sea

Background, history and current situation International and maritime law Current situation in the Med. –and Bay Of Bengal Rescue at Sea – challenges and precautions

Refugees at Sea International and maritime law UN Convention on the Law of the Sea (UNCLOS) 1982 − State require master of ship flying its flag to render assistance − States to establish infrastucture for SAR International Convention for the Safety of Life at Sea (SOLAS)1974 − Obligation on ships to render assistance − Coast states to establish and keep SAR resources International Convention on Maritime Search and Rescue (SAR)1979 − «Ensure assistance to any person in distress at sea…regardless of nationality or status…or under the circumstances in which person is found. …and deliver them to a place of safety.» International Convention On Salvage 1989 −..master is bound,..to render assistance to persons in danger..

Refugees at Sea International and maritime law Seaborne refugees, famine migrants, asylum seekers etc.. = Distressed people at Sea - the Master has an obligation to render assistance to those in distress at sea. International law (1951 Convention on Status of Refugees);..states that refugees must not be forcibly returned to a place where their lives or freedom will be endangered..imposes certain obligations on receiveing states Many coastal and port states are reluctant to accept refugees ashore. The intersection of Maritime Law and Refugee law can leave ship owners and their masters between a rock and a hard place.

Refugees at Sea Background, history and current situation International and maritime law Current situation in the Med. –and Bay Of Bengal Rescue at Sea – challenges and precautions

Refugees at Sea Current situation in the Med. 2014; - 230,000 crossed the Med - 170,000 to Italy, 83% from Libya - Increase in departures from Egypt - 99% rescued at sea - Commercial vessels in 882 SAR ops operations where migrants embarked

Refugees at Sea

Refugees at Sea Current situation in the Med.

Frontex – coordinates management and control of EU outer border ‘Mare Nostrum’ (Italy) 2013/14 after 300 migrants drowned off Lampedusa Operation Triton (Frontex/Italy) Nov to end 2015, coordinated efforts to manage migration in central Med. and assist Italian efforts.

Refugees at Sea Current situation – Bay of Bengal Myanmar; − Muslim minority Rohingya 1,3 mill persecuted by authorities − Unscrupulous people smugglers − January – March 2015, est. 25,000 taken to boats − ‘Thousands’ left trapped in dire conditions in boats offshore − Thailand, Malaysia and Indonesia will provide temporary shelter

Refugees at Sea Background, history and current situation International and maritime law Current situation in the Med. –and Bay Of Bengal Rescue at Sea – challenges and precautions

Refugees at Sea Rescue at Sea – challenges and precautions Called upon to assist and rescue by RCC centre: − Coordinated by RCC centre, organized and planned − Necessary assistance provided and disembarkation organized Encounter boats and people in distress at sea: − Master needs to plan and organize operation − Call nearest RCC centre for assistance and disembarkation

Refugees at Sea Rescue at Sea – challenges and precautions

Difficult considerations for the Master to make: -Condition of the people and boats? -Safety of own crew and vessel? -Safety of people if brought on board? -Are there other more suitable rescue resources nearby?..knowing that: -Armed men have threatened Masters to retrieve refugee boats -Migrants may bring knives and weapons on board -Human smugglers can be among those rescued -IS is present in Libya, speculations that they may hide among refugees to get to Europe

Refugees at Sea Rescue at Sea – challenges and precautions The company and the vessel with crew should be prepared when operating in or transiting waters with refugee traffic. -Plan for scenarios, roles, risks and solutions -Consider need for special equipment such as body bags, protective clothing, face masks, disinfection detergents, metal detector, etc

Gard’s involvement Last 3 years 70 cases reported to Gard Since picking up in , significantly increased pericieved risk due to ebola outbreak and the IS terrorist threat 250 refugees rescued and kept on deck of a laden LNG/LPG tanker STS operations aborted 5 times to render assistance Authorities refusuing disembarkation – suggest returning to Libya Human trafficers targeting commercial ships

P&I cover Several Rules may provide cover; Gard Rule 31 – Diversion (extra bunkers consumed, wages, stores & provision, port dues) Gard Rule 32 – Costs and expences directly and reasonably incurred in consequence of having….refugees (medical supplies, disinfection) Cost to the industry significantly higher – loss of profit, time lost, strain on crew, risk element Gard can provide support and advice as well as local support through our correspondent network.

Refugees at Sea Rescue at Sea – challenges and precautions TAMPA case, 26 Aug 2001, aftermath; − The obligation of signatory states to the International Convention on Maritime Search and Rescue and SOLAS annex 3 to provide ‘place of safety’ was reinforced (IMO 2004/06) − Australia passed a Border Protection Bill to allow for removal of unwanted ships from Australian territorial waters. − A well trimmed organisation like WW was relatively well geared to handle major surprise incidents – it pays to prepare for the unexpected.

Refugees at Sea Some useful links and resources: planning/migration-at-sea/ planning/migration-at-sea/ Thanks for the attention.