Introduction
In certain parts of the world, the Master may encounter refugees in distress on the high seas. The United Nations High Commission for Refugees ("UNHCR") operates a scheme which is intended to minimize the problems faced by the Master and owners in the event refugees are taken on board the vessel to save their lives. Under this scheme, if the correct procedures are followed by the Master to record events and inform all the interested parties in good time, delay to the vessel may be avoided and compensation may be obtained to cover the expenditure stemming from the rescue of the refugees.
This chapter outlines the recommendations of the UNHCR contained in a booklet entitled "Guidelines for the Disembarkation of Refugees"
In particular, this chapter examines the following:
Procedures in the event refugees are safely embarked on the vessel;
Sequence of events;
Owners' claims for compensation.
Procedure
If the vessel on the high seas has taken on board refugees, the Master should immediately prepare a communication for owners and owners' agents at the next scheduled port containing the following information:
1. Name of rescuing ship;
2. Flag and port of registry;
3. Name and address of managing owners;
4. Owners' agent at next scheduled port;
5. Estimated date and time of arrival at next scheduled port;
6. Estimated date and time of departure from next scheduled port;
7. Exact number of refugees on board;
8. Date, time, and exact location of rescue;
9. Details of events leading up to rescue;
10. State of health of refugees and details of any urgent medical assistance required;
11. A list of the refugees cites their full names, family groups, and dates of birth, nationality, and sex.
Sequence of Events
Once the Master's message is received by the owners, the following sequence of events should begin and lead to the swift disembarkation of the refugees with the assistance of the UNHCR and the authorities involved:
1. UNHCR and other authorities involved are informed of the refugee problem;
2. UNHCR and the flag state arrange for resettlement of the refugees;
3. Vessel arrives in the next scheduled port;
4. UNHCR issues guarantee of resettlement to local authorities;
5. UNHCR and local authorities board vessel to interview refugees;
6. Refugees disembark under care of UNHCR and cease to be the responsibility of the owners;
7. Refugees examined by local health authorities and await resettlement arrangements;
8. Finally, the UNHCR makes good the costs expended by the owners.
Claims for Compensation
Once the refugees have disembarked from the vessel, the owners may submit their claim for compensation. The following items are recoverable from the UNHCR:
1. Subsistence on board - U.S. $1 0.00 per refugee per day;
2. Fuel used during any deviation to rescue refugees;
3. Communication expenses incurred as a. result of the rescue;
4. Any additional port or agency charges incurred due to the presence of refugees on board;
5. Any loss of hire caused by delay in disembarkation.
The claim for compensation must be supported by as much documentation as possible, The Master will be required to provide statements giving details of time and fuel used during any deviation and provide copies of all messages sent and received. The Master also should make available a copy of the official log book entry covering the rescue. If possible, the Master should provide photographic evidence of the refugees.
It is important to note that the system of UNHCR assistance outlined in this section only applies to refugees arriving on board a rescuing ship at a scheduled port of call. Depending on the country involved, the system may not operate if a vessel deviates to a port for the specific purpose of disembarking refugees. Finally, the guidelines do not apply to refugees who directly enter into another country. As the worldwide refugee problem is continuously evolving, the Master should always verify the procedures outlined in this chapter with owners and their agents.
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