Настоящее исследование, проведенное страховщиками P&I, вызывает значительный интерес своей глубиной и актуальностью. Рассмотрены вопросы, связанные с правовым регулированием спасательной операции в ЮНКЛОС и СОЛАС. Особенное внимание уделяется спасанию людей. Детально разбирается порядок организации спасательной операции на море. Подробно приводятся требования, которые должен соблюдать спасатель, относительно сбора информации о терпящих бедствие, в частности, о людях с симптомами болезни Эбола.
When a vessel assists in rescuing persons in distress, all parties, including shipowners and insurers, must fully support the proper humanitarian and legal actions of Masters. Not only is this the proper humanitarian reaction, it has been firmly based in the traditions and laws of the sea for many years. The Master’s obligations are addressed in UNCLOS and SOLAS:
UN Convention on the Law of the Seas (UNCLOS)
“Every State shall require the Master of a ship riving its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers:
(a) to render assistance to any person found at sea in danger of being lost;
(b) to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him.”
SOLAS
“The Master of a ship at sea which is in a position to be able to provide assistance, on receiving information from any source that persons are in distress at sea, is bound to proceed with all speed to llieir assistance, if possible informing them or the search and rescue service that the ship is doing so.”
Therefore the Master has a duty to save life if found at sea. This obligation must be fulfilled even if the Master believes that the State at the next port of call may be reluctant to allow the persons to land. Masters or other seafarers who do not carry out their duties may be subject to penalties.
When persons in distress are rescued by a ship and are taken aboard, they come under the jurisdiction of the ship’s flag state, but there is no obligation on the flag state to grant asylum. Established international practice is thai persons in distress should be disembarked al the next port of call where they should be admitted until their status can be determined and they can either be resettled or repatriated.
Rescuing persons in distress
It is difficult to give much practical advice on how to rescue persons in distress from small boats or rafts at sea. The methods used will depend on the type and maneuvering capabilities of the rescuing ship, the freeboard, the prevailing weather conditions, the number of persons in distress and their physical condition, the available light and many other factors.
General recommendations would include the provision of a suitable lee for the operation. Obviously all rescue operations should be kept well clear of any operating propellers or thrusters. especially as the vessel in distress may be quite fragile. Searchlights and overboard lighting should be used as necessary. The persons in distress may be frightened of approaching ships and need reassurance about their intentions. To prevent panic the rescue ship should be well illuminated, including its name and national flag or other identification.
A few rescue methods have been suggested that may be suitable depending on the circumstances.
These include:
- • The use of line throwing rockets to pass lines to small craft and enable them to be pulled alongside;
- • The streaming of a long length of rope with lifebuoys or other buoyancy aids attached lo provide a means of pulling the craft into the ship’s side or to provide the persons in the water with something to hold on to;
- • The use of own ship’s lifeboats or rescue boats to rescue the persons in distress;
- • Putting crew members on board the vessel in distress to lake control of the situation and prevent panic;
- • Rigging pilot ladders, pilot hoists or nets for the persons in distress to climb up;
- • Inflating liferafts in the sea, whilst still attached to the ship, for persons to climb into and wait their turn for rescue.
Persons suffering from illness, injury or fatigue are likely to find considerable difficulty climbing nets or ladders. It may be necessary for crew members, suitably clothed and secured, to assist with their embarkation using harnesses or lifelines. The proper procedures for launching and recovering boats and using other equipment should always be followed and crew members’ safety is of paramount importance.
Ships’ crew should also be aware that in areas where pirates are operating, crafts which either appear abandoned, or to be carrying persons in distress, are actually decoys designed to persuade the vessel to slow down and be taken off-guard by an attack. Whenever and wherever picking up persons in distress, remain alert to the possibility of something more sinister.
Managing the situation
Having a number of rescued persons on board is perhaps not as likely to affect the personal safely of the crew as an equal number of stowaways would. But, they could have a large impact on the safety resources and oilier resources available on the ship and possibly on the health of the crew.
When dealing with a group of people rescued at sea there are a number of immediate priorities:
- • It is important to deal with health problems first, as tar as the Master is able lo without being a qualified doctor, particularly those of dehydration, hypothermia or any other obvious medical problems;
- • If there is any doubt, medical advice should always be sought, either via the ship operator or directly from an organisation such as the International Radio Medical Centre (CIRM) based in Rome;
- • Depending on the region of origin there may be a risk of infectious diseases. If in doubt, initial precautions should include keeping the persons in distress isolated and keeping a record of their condition and any treatment or medicines administered;
- • They should be provided with food, drink and clothing. This should obviously be sufficient for their needs, but if large numbers are involved care may need lo be taken when controlling the stock of provisions and the supply of fresh water on board. Another priority is to communicate with the rescued persons, establish emergency procedures and provide accommodation, particularly if there are a large number;
- • Establish who appears to be the group leader or spokesperson through which communications can be addressed;
- • Procedures should be established, and the rescued persons instructed on what to do in the event of an emergency. Good fire and abandon ship procedures are particularly important;
- • Accommodation of rescued persons depends largely on their numbers and the prevailing weather conditions. If numbers arc small then spare cabins can be used. For larger numbers a public room may be satisfactory and if weather conditions are suitable, even a sheltered area of deck. It may sometimes also be useful to divide the persons up, usually by family groups;
- • The rescued persons should be allocated their own toilet and washing facilities if possible;
- • The ship can present hazards for the rescued persons and they should not be allowed to move around the ship unaccompanied.
Information gathering
To assist the shipowner, their P&I Club and the UNHCR, the Master should ensure that the following information is included when advice is sent that persons in distress have been taken on board:
- • The owner’s agent at the next scheduled port;
- • The estimated lime of arrival at the next scheduled port:
- • The estimated time of departure from the next scheduled port;
- • The exact number rescued persons on board;
- • A list of rescued persons including full names, dates of birth, family groups, nationality and gender:
- • The dale, lime and location of the rescue;
- • The state of health and details of any medical assistance required. In an effort to minimise the delay to the vessel once in port, we would recommend that prior to arrival the Master:
- • Prepares a report detailing the incident circumstances for the local maritime authority;
- • Provides a head count of the numbers of persons in distress;
- • Ensures that the same number of rescued persons are disembarked, in order to avoid the possibility that some remain on the vessel as stowaways;
- • A further stowaway search is conducted prior to the vessel leaving port. It is possible that when the vessel does near port, some may be tempted to escape from the ship in order to evade port security. Increased security and watches may be required.
- • If rescued persons in distress make a request for asylum, the UNHCR office nearest the next scheduled port should be contacted as soon as possible. Asylum seekers on a ship should not be turned away by the port State and the UNHCR officers will hopefully attempt to find a solution, which may take the form of resettlement in a third country as an alternative to the flag or port State.
Ebola Virus Disease (EVD)
In view of recent developments in West Africa, the ships’ crews must remain mindful of the threat of Ebola Virus Disease when assisting persons in distress. The Master and crew should be able to identify the symptoms of Ebola and to act accordingly if they suspect a rescued person exhibits these symptoms.
North of England P&I Association
Источник: Seaways. – 2014. – November. – P. 8 – 9.