HAVING CONSIDERED the general purposes of the Convention
on Facilitation of International Maritime Traffic, 1965, as amended
(“the FAL Convention”), in particular article III,
NOTING with concern the number of incidents involving
stowaways; the consequent potential for disruption of maritime traffic; the impact such
incidents may have on the safe operation of ships; and the considerable risks faced by
stowaways, including loss of life,
RECALLING that, at its twentieth regular session, it adopted
on 27 November 1997 resolution A.871(20) on Guidelines on the
allocation of responsibilities to seek the successful resolution of
stowaway cases (“the Guidelines”),
RECALLING ALSO that, in accordance with article VII(2)(a)
of the FAL Convention, the Facilitation Committee, at its twenty-ninth
session, adopted on 10 January 2002 resolution FAL.7(29) on Amendments
to the Convention on Facilitation of International Maritime Traffic,
1965, as amended, to introduce a new section 4 on Stowaways
in the Annex to the FAL Convention prescribing Standards and Recommended
Practices on matters relating to stowaways (“the FAL provisions
on stowaways”), which entered into force on 1 May 2003,
NOTING that several Member States which are also Contracting
Governments to the FAL Convention:
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(a) have notified the Secretary-General, in
accordance with article VIII(1) of the FAL Convention (in relation to the
Standards specified in section 4 of the Annex to the FAL Convention) either that
they find it impracticable to comply with the above-mentioned Standards or of
differences between their own practices and those Standards; or
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(b) have not yet notified the Secretary-General, in
accordance with article VIII(3) of the FAL Convention, that they have brought
their formalities, documentary requirements and procedures into accord in so far
as practicable with the Recommended Practices specified in section 4 of the Annex
to the FAL Convention,
NOTING ALSO that the parallel existence of the Guidelines
and the FAL provisions on stowaways has raised questions in relation
to the procedures to be followed for dealing with stowaways by Member
States which are also Contracting Governments to the FAL Convention
– in particular those referred to above,
CONVINCED of the need to align, to the extent possible and
desirable, the Guidelines with the FAL provisions on stowaways and
to revise them in a manner that reflects developments in efforts undertaken
to prevent stowaways, as well as to provide guidance and recommendations,
taking into account the FAL provisions on stowaways, on measures which
can be implemented by vessels to prevent cases involving stowaways,
RECOGNIZING that the revision of the Guidelines should be
done in a manner that does not duplicate the existing provisions of
the Special measures to enhance maritime security contained in chapter XI-2 of the International Convention
for the Safety of Life at Sea, 1974, as amended, and in the International
Ship and Port Facility Security (ISPS) Code, but augments and supplements
them in the context of preventing cases involving stowaways,
BEING AWARE that considerable difficulties continue to be
encountered by shipmasters and shipping companies, shipowners and
ship operators when stowaways are to be disembarked from ships into
the care of appropriate authorities,
APPRECIATING the difficulties faced by Member States in
accepting stowaways for examination pending repatriation and then
in allowing the vessels concerned to sail,
AGREEING that the existence of the Guidelines and the FAL
provisions on stowaways should in no way be regarded as condoning
or encouraging the practice of stowing away and other kinds of illegal
migration, and should not undermine efforts to combat alien smuggling
or human trafficking incidents,
RECOGNIZING that stowaway incidents should be dealt with
humanely by all parties involved, with due regard to the operational
safety of the ship and its crew,
URGING national authorities, port authorities, shipowners,
shipping companies, ship operators and shipmasters to take all reasonable
precautions to prevent stowaways gaining access to vessels,
ALSO RECOGNIZING that a comprehensive revision of the Guidelines
may entail their complete replacement and the need eventually to revoke
resolution A.871(20),
HAVING CONSIDERED the recommendation made by the Facilitation
Committee at its thirty-fifth session:
1. AGREES that the provisions of resolution A.871(20)
should henceforth be considered as being of relevance only with respect
to:
2. ALSO AGREES that there is a need that the Guidelines
be revised as a matter of priority and, to that end, requests the
Facilitation Committee and the Maritime Safety Committee to work jointly
and expeditiously on such a revision;
3. AUTHORIZES the Facilitation Committee and the
Maritime Safety Committee to adopt jointly any necessary amendments
to the Guidelines resulting from the aforementioned revision and to
promulgate them by appropriate means;
4. DECIDES that, as from the date of the joint
adoption of the said amendments by the Facilitation Committee and
the Maritime Safety Committee, resolution A.871(20) shall be deemed
as revoked;
5. INVITES Member States, intergovernmental organizations
and non-governmental organizations in consultative status to participate
actively in the revision of the Guidelines, as requested above;
6. REQUESTS the Facilitation Committee and the
Maritime Safety Committee to report on action taken in compliance
with this resolution to the twenty-seventh regular session of the
Assembly.