RECALLING Article 28(b) of the Convention on the International
Maritime Organization concerning the functions of the Committee,
NOTING resolution A.920(22) entitled “Review of safety
measures and procedures for the treatment of persons rescued at sea”,
RECALLING ALSO the provisions of the International Convention
for the Safety of Life at Sea (SOLAS), 1974,
as amended relating to the obligation of:
- shipmasters to proceed with all speed to the assistance of persons
in distress at sea; and
- Governments to ensure arrangements for coast watching and for
the rescue of persons in distress at sea round their coasts,
RECALLING FURTHER the provisions of the International Convention
on Maritime Search and Rescue (SAR), 1979, as amended relating to
the provision of assistance to any person in distress at sea regardless
of the nationality or status of such person or the circumstances in
which that person is found,
NOTING ALSO article 98 of the United Nations Convention
on the Law of the Sea, 1982, regarding the duty to render assistance,
NOTING FURTHER the initiative taken by the Secretary-General
to involve competent United Nations specialized agencies and programmes
in the consideration of the issues addressed in this resolution, for
the purpose of agreeing on a common approach which will resolve them
in an efficient and consistent manner,
REALIZING the need for clarification of existing procedures
to guarantee that persons rescued at sea will be provided a place
of safety regardless of their nationality, status or the circumstances
in which they are found,
HAVING ADOPTED, as its [seventy-eighth session], by resolution MSC.153(78) amendments to the SOLAS Convention, proposed and circulated in accordance
with article VIII(b)(i) thereof,
and by resolution MSC.155(78) amendments to the SAR Convention proposed
and circulated in accordance with article III(2)(a) thereof,
REALIZING FURTHER that the intent of the new paragraph 1-1
of SOLAS regulation V/33, as adopted
by resolution MSC.153(78) and paragraph
3.1.9 of the Annex to the SAR Convention as adopted by resolution
MSC.155(78), is to ensure that in every case a place of safety is
provided within a reasonable time. It is further intended that the
responsibility to provide a place of safety, or to ensure that a place
of safety is provided, falls on the Contracting Government/Party responsible
for the SAR region in which the survivors were recovered,
1. ADOPTS Guidelines on the treatment of persons
rescued at sea the text of which is set out in the Annex to the present
resolution;
2. INVITES Governments, rescue co-ordination centres
and masters to establish procedures consistent with the annexed Guidelines
as soon as possible;
3. INVITES Governments to bring the annexed Guidelines
to the attention of authorities concerned and to ship owners, operators
and masters;
4. REQUESTS the Secretary-General to take appropriate
action in further pursuing his inter-agency initiative, informing
the Maritime Safety Committee of developments, in particular with
respect to procedures to assist in the provision of places of safety
for persons in distress at sea, for action as the Committee may deem
appropriate;
5. DECIDES to keep this resolution under review.