Persons in Distress At Sea - SAR and SOLAS Amendments

June 2006

Amendments to the SOLAS and SAR Conventions, adopted in May 2004, concern the treatment of persons rescued at sea. The amendments, which enter into force on 1 July 2006, were developed in response to resolution A.920* following a number of incidents that highlighted concerns surrounding the treatment of persons rescued at sea, including undocumented migrants, asylum seekers and refugees and stowaways. The resolution requested IMO to review all IMO instruments so that any existing gaps, inconsistencies, ambiguities, vagueness or other inadequacies could be identified and any action needed could be taken.

The prime concern in such cases was that, unless the matter was considered in all its aspects and appropriate action was taken, there might be a negative impact on the integrity of the global search and rescue system which IMO has put in place.

The amendments include: 

Amendments to SOLAS chapter V - Safety of Navigation - adding a definition of search and rescue services. They add to and clarify the existing longstanding obligation to provide assistance, adding the words: "This obligation to provide assistance applies regardless of the nationality or status of such persons or the circumstances in which they are found." The amendments mandate co-ordination and co-operation between States to assist the ship's master in delivering persons rescued at sea to a place of safety and add a new regulation on the master's discretion, which states that "the owner, the charterer, the company operating the ship…, or any other person shall not prevent or restrict the master of the ship from taking or executing any decision which, in the master's professional judgement, is necessary for safety of life at sea and protection of the marine environment."

Amendments to the Annex to the SAR Convention:

• a new paragraph in chapter 2 Organization and co-ordination, relating to the definition of persons in distress; 
• new paragraphs in chapter 3 - Co-operation between States, relating to assistance to the master in delivering persons rescued at sea to a place of safety; 
• and a new paragraph in chapter 4 - Operating procedures, relating to rescue co-ordination centres initiating the process of identifying the most appropriate places for disembarking persons found in distress at sea.

Related Guidelines on the treatment of persons rescued at sea, adopted in May 2004, aim to provide guidance with regard to humanitarian obligations and obligations under the relevant international law.

Based on information contained in IMO Briefing 24/2006 of 30 June 2006

IMO have prepared a feature article on these amendments which can be downloaded , with kind permission of IMO:

 * Review of safety measures and procedures for the treatment of persons rescued at sea, adopted by IMO's 22nd Assembly in 2001