Best of the Transparent Hummingbird
leave myanmar ba of bengal and andaman sea –
flag state jurisdiction is exclusive over ships on the high sea (art 92)
Obligation to provide assistance to any person in distress at sea applies regardless of the nationality or status of such a person or the circumstances in which the person is found (paragraph 2.1.10)
Definition of rescue: an operation to retrieve persons in distress, provide for their initial medical treatment or other needs, and deliver them to a place of safety (paragraph 1.3.3) singapores concern if passage through straits of malacca to singapore innocent passage — prejudicial to immigration law transit passage 2004 Amendments to SOLAS and SAR Conventions (cont.) States to coordinate and cooperate to ensure that masters of ships are released from their obligations with minimum further deviation from the ship�s intended voyage
The State responsible for the SAR region in which the survivors were recovered has primary responsibility for ensuring that such coordination and cooperation occurs, so that survivors are disembarked and delivered to a place of safety
Not party to
The United Nations Convention on Transnational Organized Crime, 2000 and two of its three associated protocols, the Protocol Against the Smuggling of Migrants by Land, Sea and Air, 2000 and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 2000
Art 14 of the UDHR only provides right to seek asylum but does not oblige states to provide it. Singapore is not party to either of the Refugee conventions. CEDAW but specific reserveation entered on immigration issues control. (footnote)
issues of rescue and interception and of asyl
rescue distress at sea must be rescued, irrespective of their status. Refugees and asylum seekers may not fit easily within the established framework of practice regarding disembarkation, care and consular assistance, but the principles of protection are there to provide guidance.
responsibility lie for maritime interceptions, and for the treatment thereafter of those who are disembarked or returned to the port of departure or other port? interception -legal basis for interception asylum seekers trafficked people smuggled migrants Dr Balaji Sadasivan: ASEAN has discussed the issue of the Rohingyas, most recently on 1st March 2009 at the 14th ASEAN Summit in Thailand. Prime Minister Lee told the ASEAN Leaders that ASEAN member countries should not “export” their problems to one another. He also stressed that the problem should be addressed at the source. Singapore agreed that cooperation among the countries of origin, transit, and destination was of great importance. We also agreed that the Rohingya issue has to be viewed in a larger context, as it involves countries outside of ASEAN as well. To this end, the Bali Process, which is a regional Ministerial-level Conference on People Smuggling, Trafficking in Persons and Related Transnational Crimes, was the appropriate forum to tackle this issue. ASEAN will continue to contribute, where possible, to the resolution of this issue.
it is in conflict with s of the Immigration Act which . This 2012 , clarification was made that but that the risk nevertheless was for the shifting the humanitarian burden to ship masters’ conscience — cap anamur
in light of provisions of the immigration act and parliamentary intent
unless and until amendments to immigration act to create limited exception for ships carrying out flag state obligations to rescue duty to
it is is man removal of disincentives for hesitancy
too old and too long in school to still ahve bad habits of procrastination and shoddy record keeping
– harder and harder for me to take seriously — developing sociological rather than legal bent -
IMO Resolutions whether or the General Assembly or MSC are non-binding instruments but are incorporated by UNCLOS mandatory language in SOLAS convention contains mandatory language incorparting referenceing such non-binding — including circulars. To this end,
At present Singapore is conspicuously absent from the non-binding or voluntary regional protocols or
Participant in the non-binding Bali Process but not a declarant of the Jarkata Declaration in 2013. part of the voluntary bali process but not a declarant of the jarkata delcartion 2013
deterrent state policies which restrict access to asylum