A/HRC/4/24
page 7
31.
Mauritius states that section 12.1 (c) of its National Coast Guard (NCG) Act empowers
the NCG to undertake search and rescue operations in all situations of distress in the maritime
zones.
32.
In Mexico, according to article 137 of the General Law on Population, the Governance
Secretary is able to create groups of protection of migrants located in the national territory.
Among the functions of these groups are those of executing the programmes and participating in
the operations for safety, rescue and first aid.
33.
In Singapore, the Singapore Police Coast Guard doctrine stipulates protection of life as
first priority, and all efforts should be made to care for any injured person. Any person found to
be at risk at sea (man overboard) within Singapore territorial waters would be first rescued and
brought onboard, followed by the necessary first aid and medical attention as appropriate.
Efforts will be made thereafter to establish his identity and legality of entry.
34.
The Government of Spain indicated that the United Nations Convention on the Law of
the Sea (1982) provides in its article 98 the obligation for the master of a ship to render
assistance to any person found at sea in danger of being lost. The person should be brought to
the nearest Spanish port, in case the State of origin is not able to accept him/her in its territory,
for not being a citizen or for not possessing documentation.
35.
In its reply, the Syrian Arab Republic states that its Government provides for rescue
operations at sea and it has many bilateral agreements with neighbouring countries on this issue.
36.
In Turkey, according to article 14 of its Law on Safety of Life and Properties at Sea, any
captain is liable to do his/her utmost in order to assist any person at risk at sea without
endangering anyone on his/her vessel. Turkish Naval Forces Command performs its rescue and
search activities for the people at risk in accordance with the following regulations: the
Hamburg Convention which determines the basic principles of the international rescue and
search activities; International Convention for the Safety of Life at Sea (SOLAS).
37.
As it was underlined in the report of the Special Rapporteur submitted to the
General Assembly (A/61/324), aware of the importance of this issue, “the State parties to the
relevant international maritime conventions1 adopted a number of amendments to ensure that
the obligation of the ship’s captain to render assistance is complemented by a corresponding
obligation of States to cooperate in rescue situations. These amendments should lift from the
captain the sole responsibility for the care of survivors, allowing persons rescued at sea in such
circumstances to be promptly taken to a safe place. The Special Rapporteur has been concerned
about the alarming number of reports received in 2006 concerning migrants who lost their lives
at sea, in particular in the Mediterranean region. He warmly welcomes the entry into force of
these amendments, which he hopes will grant greater protection for persons who out of great
desperation risk their lives at sea.
1
The 1974 International Convention for the Safety of Life at Sea (the SOLAS Convention) and
the 1979 International Convention on Maritime Search and Rescue (the SAR Convention). See
International Maritime Organization at http://www.imo.org/home.asp.
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