RECALLING Article 28(b) of the Convention on the International
Maritime Organization concerning the functions of the Committee,
CONSIDERING THAT the safety of vesselsfootnote, crew and other persons on board such vessels
on the high seas is of paramount importance to the Organization and
its Member States and has long been the common interest of nations
worldwide,
AFFIRMING the rights and obligations relating to legitimate
and peaceful forms of demonstration, protest or confrontation and
noting that there are international instruments that may be relevant
to these rights and obligations,
BEARING IN MIND that the Organization does not condone any
actions that intentionally imperil human life, the marine environment
or property,
SERIOUSLY CONCERNED that demonstrations, protests or confrontations
involving vessels on the high seas may affect or compromise the safety
and security of such vessels and may lead to incidents that cause
a risk to human life, the marine environment or property,
RECOGNIZING the need to cooperate, as appropriate, in accordance
with relevant rules of international law and respective domestic laws
and regulations, to ensure that actions that intentionally imperil
human life, the marine environment or property are adequately addressed,
RECALLING FURTHER that the Organization has adopted important
instruments directed at the safety and security of vessels, crew and
other persons on those vessels including in particular the Convention
on the International Regulations for Preventing Collisions at Sea,
1972 (COLREG), as amended, which sets uniform rules and principles
for avoiding collisions at sea; the International Convention for the
Safety of Life at Sea, 1974 (SOLAS) as amended, in particular chapter V pertaining to safety of navigation
and chapter XI/2 pertaining to special
measures to enhance maritime safety and security; the Convention for
the Suppression of Unlawful Acts against the Safety of Maritime Navigation,
1988 and its Protocol for the Suppression of Unlawful Acts against
Fixed Platforms Located on The Continental Shelf (the SUA Convention
and its 1988 Protocol), relating to international cooperation for
the prevention of unlawful acts against the safety of maritime navigation
and platforms, and actions against alleged offenders; and the International
Convention on Standards of Training, Certification and Watchkeeping
for Seafarers, 1978, as amended, which has provisions pertaining to
watchkeeping arrangements,
RECALLING ALSO the relevant provisions of the 1982 United
Nations Convention on the Law of the Sea (UNCLOS) and of customary
international law of the sea related to activities of vessels on the
high seas,
HAVING CONSIDERED, at its eighty-seventh session, the recommendations
of the Sub-Committee on Safety of Navigation and the Sub-Committee
on Flag State Implementation,
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1. RECALLS AND REAFFIRMS the importance of safety
of vessels, crew and other persons on board such vessels;
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2. CONDEMNS any actions that intentionally imperil
human life, the marine environment, or property during demonstrations,
protests or confrontations on the high seas;
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3. CALLS UPON Governments to urge:
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.1 persons and entities under their jurisdiction
to refrain from actions that intentionally imperil human life, the
marine environment, or property during demonstrations, protests or
confrontations on the high seas;
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.2 all vessels entitled to fly their flag to comply
with the applicable instruments adopted by this Organization directed
at safety of navigation, security and safety of life at sea;
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.3 all vessels, during demonstrations, protests
or confrontations on the high seas, to comply with COLREG and SOLAS
by taking all steps to avoid collisions and safeguard navigation,
security and safety of life at sea; and
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.4 all vessels, during demonstrations, protests
or confrontations on the high seas, to conduct their radio communications
in accordance with the International Telecommunication Union Radio
Regulations;
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4. ALSO CALLS UPON Governments to take such measures
as may be necessary to establish jurisdiction over any offences set
forth in the SUA Convention and its 1988 Protocol;
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5. FURTHER CALLS UPON Governments, consistent
with international law and their domestic laws and regulations, to
conduct inquiries into every marine casualty or incident of navigation
on the high seas that imperils safety of vessels, crew or other persons
on board such vessels that involve a vessel entitled to fly their
flag;
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6. ENCOURAGES Governments, consistent with international
law and their domestic laws and regulations, to cooperate, as appropriate,
to ensure that actions that intentionally imperil human life, the
marine environment or property on the high seas are adequately addressed;
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7. REQUESTS Governments to bring this resolution
to the attention of all entities concerned, in particular those that
might be involved during demonstrations, protests or confrontations
on the high seas.