Maritime migrants navigate the world’s busiest shipping lanes alongside thousands of commercial vessels. Commercial shipping is an important but overlooked partner in mass rescue and migration policy, from issues of data collection to rescue operations.

Every year, tens of thousands of migrants and refugees make perilous journeys across the open ocean, resulting in a significant but difficult-to-determine number of deaths. The world’s major maritime migration routes, from the Mediterranean to the Gulf of Aden to the Strait of Malacca, are often viewed as vast empty ocean, yet nothing could be further from the truth. They are also some of the world’s busiest shipping lanes, and engaging the commercial shipping sector is an essential step in understanding the dynamics of maritime movements and supporting the safety of life at sea. Surveys undertaken by the Foundation for Humanitarian Action at Sea (FHAS) shed light on the perspectives and attitudes of commercial seafarers and suggest concrete steps to strengthen partnership between commercial and humanitarian maritime actors.

Why is commercial shipping important?

Commercial ships, like all vessels, have a duty under international law to rescue persons in distress at sea, including maritime migrants and refugees. This principle is most clearly codified in the UN Convention on the Law of the Sea (UNCLOS) but is also reflected in the International Convention on the Safety of Life at Sea (SOLAS) and the International Convention on Maritime Search and Rescue (SAR Convention). Possibly more importantly for the seafarers themselves, the moral and practical obligation to rescue is as old as seafaring itself, deeply embedded in the culture of seafarers today. Indeed, the first international discussions of codifying a duty to rescue arose not from diplomats and humanitarians but from the commercial seafaring community in the 1880s.[1]

While many stretches of ocean are vast, many of the world’s busiest maritime migration routes are crowded with commercial traffic. For example, based on data gathered by FHAS from one shipping company, between October 2022 and October 2023 there were 32,886 vessel transits through the Malta Channel (between Sicily and Malta). During that time, a Maritime Rescue Coordination Centre (MRCC) called upon ships to assist in a rescue situation 216 times – an average of 18 times per month. Given that maritime movements generally peak in the Mediterranean between July and September, at least one distress call per day is broadcast during this period. This small data point highlights how important the commercial shipping sector is when considering the issue of mass rescue of refugees and migrants.

Perspectives on mass rescue

When commercial shipping is discussed by the migration policy community, however, it is often either to raise them up as heroes – such as the captain of the Maersk Etienne, which rescued 27 migrants in 2020 – or to vilify them as only interested in profits and all too happy to ignore the plight of migrants. In 2024, FHAS conducted an anonymous survey of more than 250 shipping industry personnel, predominantly representing seafarers (captains and crew members). While not a representative sample, the perspectives gathered provide insight into the motivations and incentives of the seafaring community.

The survey highlights that maritime migration is an issue of significant concern for commercial seafarers: 40% of respondents reported being ‘very concerned’ by maritime migration and an additional 34% reported being ‘concerned’. When asked to rank their reasons for being concerned, the most important reasons were respectively ‘the safety and security of your vessel’ and ‘the safety and security of your crew’, followed closely by the ‘the safety and condition of the migrants’. The safety of migrants far outranked concerns such as ‘the commercial impact of diversions’, ‘long standoffs at sea’ or even ‘the risk of criminalisation’. These findings highlight that while crew and ship safety is understandably their paramount concern, seafarers also have a strong humanitarian motivation. The vast majority of respondents (87%) felt that the work of rescue professionals (including coastguards and NGOs) was a ‘humanitarian necessity’.

Nearly half the respondents, however, did not feel sufficiently trained or equipped to assist maritime migrants and refugees. Nearly half (44%) called for more training for seafarers on the legal and operational context, with 24% calling for more training on search and rescue operations. (Most rescue training provided to seafarers is for conventional person-overboard or single-person rescue scenarios.) Many seafarers also called for more protection and support, with 63% seeking greater protection from criminalisation when assisting migrants and refugees, 28% recommending more psychological support and 34% seeking more support from captains and shipping companies.

Many commercial ships also face operational challenges to conducting rescues. These range from the challenge of safely moving refugees and asylum seekers from the waterline to the deck (a distance that can reach more than 10 metres) to the reality that ships may be carrying hazardous or flammable chemicals. There are also basic limits to the amount of food and water, and the number of life jackets and other provisions that these ships carry. Even large ships will only have a crew of 15 to 20 people who alternate shifts around the clock.

Supporting mass rescue and data collection

The shipping sector is an essential partner for mass rescue, both in directly effecting rescue and in gathering data. Commercial ships regularly support mass rescue efforts. In the Mediterranean alone, at least 1,001 people were saved in 22 instances of rescue by or assistance from commercial ships between 2022 and 2024.[2] These numbers, though substantial, are probably not the fully realised potential of commercial ships as rescue actors.

Even when not directly involved in rescues, commercial vessels’ widespread presence on major shipping routes makes them critical for monitoring maritime movements. Refugees and migrants often avoid detection, which complicates data collection and leads to numerous ‘invisible shipwrecks’ – undetected fatalities at sea. For example, in November 2024, 82 vessels with automatic identification system transponders were observed along Indonesia’s Aceh coastline, a key destination for Rohingya refugees. Spaced 20–60km offshore, these ships provided near-complete ocean surveillance, with each vessel’s 12km visual range covering wide swathes of sea. Leveraging such coverage to track maritime movements and enhance rescue efforts is a significant and under-utilised opportunity.

Engaging the shipping sector

Engaging the commercial shipping sector to strengthen their partnership in mass rescue can be more challenging, however. The ‘shipping sector’ encompasses numerous actors with complex contractual connections. There are often several parties involved in the ownership structure of commercial ships, ranging from the registered owner (the legal entity named in registration papers, sometimes required to be based in the flag state) to the beneficial owner (the overall parent company, which may own or control the registered owner) to the disponent owner (a party that takes over the ownership role, including leasing and chartering the vessel, for a specified period of time or particular voyage). In addition, the management of such ships is often handled by specialised management companies, which take responsibility for numerous financial, administrative and recruitment tasks and play a key role in ensuring that ships meet international standards. Finally, there will be the Charterer, the company which has chartered the vessel to transport goods or people or for other reasons (such as cable laying) and this can be for an extended period or a particular voyage, which both require significantly different rights and obligations between the parties.

Any rescue situation would involve all the above parties, with decision-making responsibility, legal responsibility and liability for associated costs depending on the specific contractual relationships. A complex web of insurance covers may also be involved, ranging from those covering the shipowners (such as for ‘Hull and Machinery’ and ‘Protection and Indemnity’) to those covering the actions of the Charterer and the cargo itself. Such a complex network of actors and interests results in every rescue situation being handled in its own unique manner.

It is seafarers themselves, however, who are on the frontline of rescues, including the ship master and crew. The duty to rescue in international law is focused on the ship master, who is the individual in command of a vessel (not the ship’s owner or management company). As noted above, ship masters and crews often recognise the importance of the duty to rescue but feel constrained not only by a lack of resources and training but also by their duty to the safety of the crew, the ship and the cargo. The level of support they receive from the ship owner or ship manager may also be a critical factor in shaping their decision making.

Commercial vessels operate under the jurisdiction of their flag states, which, under UNCLOS, must ensure crew readiness to uphold the duty to rescue.[3] In addition, the SOLAS and SAR Conventions establish a system of search and rescue regions around the world, each operated by a different coastal State. National Maritime Rescue and Coordination Centres (MRCCs) coordinate rescue and cooperate with neighbouring rescue agencies.

Effectively engaging the shipping sector requires an approach that understands the wide-ranging concerns of the parties involved without ignoring the constraints inherent to competitive enterprise. Supporting mass rescue diverts resources from core business operations, potentially influencing participation in rescue if adequate plans, guidance and insurance are not in place. However, the sector has demonstrated numerous times the ability to come together to tackle non-commercially beneficial issues, such as environmental and safety standards. Lessons from anti-piracy measures – now integrated into shipping operations – offer a framework for enhancing rescue capabilities.

Opportunities and strategies

There are a number of key elements to be considered when working to engage the commercial shipping sector for mass rescue. Firstly, it requires uniting a diverse group of actors on a sensitive issue. This requires dialogue, training, planning, engaging flag states on data and building links with MRCCs and coastal States. Many seafarers recognise the humanitarian imperative of rescue but they and their employers are well aware of the political controversies that may arise. This requires an extended and inclusive dialogue, an openness to listen to the shipping sector’s concerns, the agility to engage different actors together or separately and assurances of discretion and confidentiality. The FHAS convened such discussions with key actors in 2023 and 2024.

Shipping sector membership associations and seafaring-focused organisations are important starting points. The International Chamber of Shipping (ICS), the Baltic and International Marine Council (BIMCO), the Oil Companies International Marine Forum (OCIMF) and the International Association of Independent Tanker Owners (INTERTANKO) are all examples of important membership organisations which can represent shipping company interests while also supporting policy development and implementation. Seafarer welfare organisations such as Mission to Seafarers are also important partners with which to work.

It is also critical to bring flag States and coastal States, and multilateral organisations such as the International Maritime Organization, into these dialogues. These actors develop the legal and regulatory framework within which shipping companies operate. Leveraging existing standards can strengthen the incentives for shipping companies to engage in rescue-related activities.

Secondly, a key opportunity lies in data collection. In 2015, the International Maritime Organization, the International Organization for Migration and the UN Office on Drugs and Crime jointly established a platform for information sharing on migrant smuggling.[4] This platform serves as proof of concept that commercial vessels can cooperate with flag States and international organisations to provide information on maritime movements, potentially greatly improving awareness of migration dynamics around the world. Although only a few States, such as the Republic of the Marshall Islands and Saudi Arabia, regularly participate, the platform demonstrates the potential for collaboration. FHAS is working to expand awareness and usage of this mechanism to improve insights into migration dynamics.

Building the shipping sector’s capacity and confidence to undertake mass rescue is a third key element. Ship masters and crews may have legitimate concerns about the logistics and operations of effecting rescue, resources for accommodating refugees and migrants, and language abilities and social skills to manage a large crowd. There may also be legal questions regarding which, if any, nearby port will accept the rescued persons for disembarkation, whether this places the ship and crew at risk of a prolonged voyage with migrants on board, and whether the ship master or company may be held liable if their actions come into conflict with coastal State law or policy.

A detailed discussion of these legal and policy issues is beyond the scope of this article. It should be stressed, however, that for ship masters and crews, these issues are not academic; they are life-and-death questions that need answers in real time. For this reason, FHAS works with a range of legal and policy expert organisations to provide concrete, actionable guidance to seafarers, shipping companies and other maritime rescue stakeholders. This guidance does not consist of aspirational statements of what the law should be but rather what risks, if any, ship masters may face and how those risks can be mitigated while still upholding their duty to rescue. This guidance can take numerous forms, from simple procedural bulletins in crew common areas, to briefings for officers when entering waters frequented by maritime refugees and migrants (similar to security briefings held in areas at risk of piracy), to strengthening the knowledge of mass rescue for land-based company advisors who will be in regular communication with ships during any incident.

Each of these steps is incremental and is only one part of a larger effort to improve mass rescue and to save lives at sea. As part of the practitioner and policy community, the Foundation for Humanitarian Action at Sea views these steps as essential for strengthening the participation of the commercial shipping sector, a truly untapped resource in mass rescue efforts.

 

Ralph Mamiya
Director of Research, Foundation for Humanitarian Action at Sea
r.mamiya@fhas.ch

Caroline Abu Sa’Da
Executive Director, Foundation for Humanitarian Action at Sea
c.abu-sada@fhas.ch

 

[1] See discussion of the 1885 Antwerp congress on international commercial law in Papanicolopulu I (2022) ‘The Historical Origins of the Duty to Save Life at Sea under International Law’, Journal of the History of International Law Vol 24: 169-173

[2] FHAS analysis of data from UNHCR. On file with authors.

[3] UNCLOS art 94, 98.

[4] International Maritime Organization, ‘Press briefing: New platform set to improve information sharing on migrant smuggling by sea’, 6th June 2015

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