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IMO 27th Assembly

ASSEMBLY RESOLUTIONS

The 27th Assembly of the International Maritime Organisation (IMO) met in London at the Organization’s Headquarters from 21 to 30 November 2011. From a health and safety perspective, this Assembly was notable for adopting a resolution on piracy and armed robbery against ships, and another on procedures for investigating shipboard crime.

Nautilus campaigning was instrumental in the submission and adoption of both these resolutions, and Nautilus senior national secretary Allan Graveson spoke at the 27th Assembly in support of Resolution A.1058(27).

IMO Resolution A.1044(27) Piracy and armed robbery against ships in waters off the coast of Somalia

This resolution urged national governments to continue their efforts to combat the severe piracy problem off the coast of Somalia, using all possible means within the provisions of international law. Full details of the resolution and its implications are available in this IMO press briefing.

IMO Resolution A.1058(27) Collation and preservation of evidence following an allegation of a serious crime having taken place on board a ship or following a report of a missing person from a ship, and pastoral and medical care of victims

This resolution was submitted by the UK, along with the United States, the Bahamas and the Philippines. It was drafted amid growing public and media concern over the poor handling of many shipboard incidents – particularly with regard to missing British cruise worker Rebecca Coriam and South African cadet Akhona Geveza, who died at sea in suspicious circumstances. The full text of the resolution will be available on the IMO website in due course, but for the time being is reproduced in full below for the benefit of Nautilus members:

THE ASSEMBLY,

RECALLING Article 150) of the Convention on the International Maritime Organization concerning the functions of the Assembly in relation to recommendations concerning maritime safety,
RECALLING ALSO article 92 of the United Nations Convention on the Law of the Sea (UNCLOS) which provides that ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in UNCLOS, shall be subject to its exclusive jurisdiction on the high seas,
RECALLING FURTHER article 27 of UNCLOS, which provides that criminal jurisdiction of a coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or conduct any investigation in connection with any crime committed on board the ship during its passage, except in the circumstances set forth in that article,
CONCERNED ABOUT reports of serious crimes such as sexual assaults taking place on ships, and cases of missing persons from ships in which no satisfactory explanation for the person's absence from the ship is readily available,
RECOGNIZING that the risk of a serious crime taking place on a ship will normally be addressed through the applicable onboard security arrangements, but that the risk of serious crime on board ships cannot be completely eliminated by any reasonable security measures,
NOTING that a thorough investigation of a serious crime on board a ship may be a lengthy process and that certain cases, in which more than one State may have jurisdiction, may present complications and challenges to the authorities responsible for such investigations,
SEEING MERIT IN the elaboration of guidance to:

  1. assist in the collation and preservation of evidence following the allegation of a serious crime having taken place on a ship or following a report of a missing person from a ship; and
  2. assist in the pastoral and medical care of alleged victims of serious crimes,

NOTING FURTHER that, whilst voluntary, such guidance would assist shipowners, operators and masters in co-operating with relevant investigating authorities and contribute to effective and efficient criminal investigations in cases of serious crime or missing persons from ships and would further facilitate and expedite cooperation and coordination between investigating authorities, consistent with international law,
INVITES Member States and other parties concerned to submit proposals to the Legal Committee to enable the consideration of the issue raised in this resolution, taking into account that issues of criminal jurisdiction should be consistent with international law.

You can read more about the other resolutions adopted by the IMO at the 27th’s Assembly in London in November 2011 and find out more about the organisations work on the IMO website.

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