A/HRC/4/24 page 6 21. In its reply, Bosnia and Herzegovina states that illegal crossing of the border is considered an offence. Besides legislation regulating this area, Bosnia and Herzegovina has concluded numerous agreements with surrounding countries and beyond. 22. In Canada, the Royal Canadian Mounted Police enforces laws and regulations along the Canadian border. There is no specific agreement with other countries to prevent harm to migrants attempting to cross borders irregularly. 23. Germany states that under article 13 (1) second sentence of the Schengen Borders Code and section 15 (4) of the Residence Act (AufenthG), a foreigner may be allowed for humanitarian reasons to enter the country even if he/she does not fulfil the necessary requirements for conditions of entry. 24. Spain indicated that major efforts are being made in order to cooperate and collaborate with countries of emission and transit of irregular immigration from the coastal countries of Africa. Question: Please provide information regarding existing legal obligations for State or non-State actors to aid persons at risk at sea (if applicable). Responses 25. The Special Rapporteur regrets the fact that a number of countries did not provide information on this issue. 26. In Bosnia and Herzegovina, issues of aid to persons at risk at sea are regulated by article 20 of the Law on Supervision and Control of Crossing the State Border. 27. Canada’s obligation is reflected in the Canada Shipping Act, section 384 of which states that a vessel that rescues persons on the high seas (i.e., international waters) need not decide upon the merits of asylum claims. 28. Ecuador is party to an international instrument on the matter, the International Convention for the Safety of Life at Sea (SOLAS). 29. In Japan, the Japanese Coast Guard has a mission to rescue life in case of marine accidents and to give necessary assistance in case of natural calamities and other events where relief is required, as prescribed in article 5 (2) of Japan Coast Guard Law. 30. In Malta, the Armed Forces of Malta apply all the norms of international law: the United Nations Convention on the Law of the Sea (UNCLOS 2) places upon the masters of all ships (military included) the obligation to assist a person in distress at sea. The Armed Forces of Malta also ensure that civilian vessels within the Malta Search and Rescue Region (SRR) also observe this behaviour. Further obligations, as outlined in the International Convention on Maritime Search and Rescue (SAR Convention, 1979) and SOLAS Convention of 1974 regarding the way operations are conducted and coordinated.