Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 101Finally, the Smuggling Protocol provides that “[m]igrants shall not becomeliable to criminal prosecution [. . .] for the fact of having been theobject of [smuggling]”. 2576. Migrants Rescued at SeaEvery year thousands of migrants try to reach their country of destinationby sea, 258 many losing their lives in the process as they often,or almost exclusively, travel on boats that are not fit for the amount ofpeople that they are transporting. The international law of the sea, aswell as international human rights law and refugee law, provide relevantframeworks for the rescue, protection and status of such migrants.Article 98 of the 1982 UN Convention on the Law of the Sea (UNCLOS)codifies into law a long-observed principle of maritime tradition: theobligation of shipmasters to render assistance to any person found atsea in danger of being lost and to proceed to the rescue of persons indistress, if informed of their need of assistance. 259 This obligation ofrescue was also provided for by the 1974 International Convention forthe Safety of Life at Sea (SOLAS). 260While shipmasters have an obligation of immediate assistance, coastalStates have the obligation to “promote the establishment, operationand maintenance of an adequate and effective search and rescue serviceregarding safety on and over the sea and, where circumstancesso require, by way of mutual regional arrangements co-operatewith neighbouring States for this purpose”. 261 The 1979 InternationalConvention on Maritime Search and Rescue (SAR) obliges States to“[. . .] ensure that assistance be provided to any person in distress atsea [. . .] regardless of the nationality or status of such a person or thecircumstances in which the person is found”. 262 In order to implementthis obligation, States parties to the Convention have established incommon agreements search and rescue zones (SAR zones). 263257 Article 5, ibid.258 See UNHCR website, http://www.unhcr.org/pages/4a1d406060.html.259 Article 98.1, United Nations Convention on the Law of the Sea, adopted on 10 December1982 (UNCLOS): “1. Every State shall require the master of a ship flying its flag, in so far ashe can do so without serious danger to the ship, the crew or the passengers:(a) to renderassistance to any person found at sea in danger of being lost;(b) to proceed with all possiblespeed to the rescue of persons in distress, if informed of their need of assistance, in so faras such action may reasonably be expected of him;(c) after a collision, to render assistanceto the other ship, its crew and its passengers and, where possible, to inform the other shipof the name of his own ship, its port of registry and the nearest port at which it will call.”.260 See Chapter V, Regulation 33.1 of the International Convention for the Safety of Life at Sea,1974 (SOLAS).261 See, Article 98.2 UNCLOS. The same obligation is recalled in Chapter V, Regulation 7 SOLAS.262 International Convention on Maritime Search and Rescue, 1979 (SAR), Chapter 2.1.10.263 See, Chapter 2.1.4-8 SAR.