Atlantic Rally for Cruisers Immigrant Rescue Discussion Document

caribbeancat

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Please see discussion document below. This was originally put together to assist in improving this very difficult situation for cruisers participating in the ARC and the yachting fraternity in general.

World Cruising Club has to date completly ignored this document and attempts to engage them. Shame, all we were trying to do was improve things for yachtsmen in the future. This leaves me doubtful as to the integrity of World Cruising Club management.

I have earlier posts on this subject

"Atlantic Rally for Cruisers Catamarans"
"Immigrant Rescue Report - Atlantic Rally for Cruisers"

Discussion Document for Development of a Point Plan Encountering Immigrant Vessels off the Coast of Africa

Distribution: ARC Management, Crew of Yacht “‘Tallulah’”, Crew of Yacht “‘If Only’”
Author: Julian Bradder

Confidential


This document is concerned with evaluating some of the lessons learned as a result of an incident directly involving two yachts, ‘Tallulah’ and ‘If Only’, together with a ‘migrant’ vessel some 300 miles off the coast of Mauritania, Africa. Other vessels were involved, most notably and directly ‘MV Loren L’Oritzen’, and less directly, ‘Salt Whistle’ and ‘Flute’.

We felt there are a number of salient points in respect of the incident.

1. The migrant vessel was some 300 miles off the coast of Mauritania.

2. The vessel was small but nevertheless had some 52 people aboard.

3. The people aboard the vessel had been at sea for 15 days

4. 2 people aboard the vessel were dead

5. The migrant vessel was relatively quick, able to achieve around 8.5kts

6. It is difficult to prevent individuals from the migrant vessel getting aboard, whilst we (‘Tallulah’) were able to out run the vessel, ‘If Only’ did not have the capability to do as such and consequently were vulnerable to boarding and as such were boarded by two people.

7. It is a very frightening situation for people aboard the yachts as they do not actually know what they are encountering. For example are we looking at migrants, pirates or something else? Ultimately, the location is remote, and people feel very vulnerable as a result.

8. The people aboard the migrant vessel were very desperate and appeared willing to take huge risks to save their lives. I had to make the ‘safe’ assumption ‘desperate people take desperate measures’ and above all I as the Skipper had to prioritise the safety of the registered crew of ‘Tallulah’ above that of the migrants, whilst still attempting to do the best possible job for those in need of rescue. Note that this decision making process is a luxury that many smaller boats wouldn’t have as they would be overwhelmed and boarded.

9. Whilst we understand the general responsibilities within Maritime Law in terms of being required to assist other vessels in trouble, I feel that certainly in respect of the knowledge of our own crew that there are some grey areas here particularly vis-à-vis the need to mitigate risk to one’s own vessel and crew versus that of the need to save the lives of those who require rescue. Perhaps a legal instructional could be provided that provided yachts with a more concrete understanding would be beneficial.

10. There was a language barrier between the British yachts and the people aboard the vessel. This meant that it was very difficult and perhaps risky to establish a dialogue or close proximity with the migrants and thus this raised the perceived risk in the minds of those aboard the two yachts of engagement in close quarters communication.


11. We assume that if two people aboard were dead, it was very likely that many others were in a poor state of health. Whilst we dropped water astern of us on two separate occasions, only the second was collected possibly due to difficulties in seeing the water we had dropped. In view of this, and the ultimate objective of saving lives, we also felt that we lacked a medical knowledge in respect of the best water / food rations to make available to the people.

12. Neither yacht wanted to allow 50 people to board or indeed a group of people larger than onboard crew. Clearly a yacht is a big boat to somebody sat in a launch 300 miles offshore. There are obvious safety, personal and general security risks to having so many people board a yacht. Thus questions of liability and so on do arise as a result and I feel that clarification of these liabilities would greatly assist yachts.

13. This perhaps raises questions in respect of whether or not yachts should arm themselves with some kind of defensive weaponry. This I understand is a very big step but is perhaps a matter that should be debated.

14. Maintaining a night time watch on such a vessel as requested by MRCC is next to impossible particularly where no moon exists. The best option we had was to maintain a speed close to the maximum speed of the launch vessel and hope that they followed (and retained the capability to follow) whilst not boarding. Other yachts would probably not have this option as was the case with ‘If Only’. In this case, ‘If Only’ was followed as the people aboard the launch realised that they were more easily able to maintain a close contact with ‘If Only’ than ‘Tallulah’.

15. We dropped a note with the second water despatch. We believe that we were lucky in that we had foreign language speakers aboard who were able to write “Help is Coming, Stay 400M away from our vessel” in English, French and Spanish. However, we are to this day unclear as to whether or not the people could a) read b) read the languages that we had written in and do consider that perhaps something more articulate could be written to convince the migrants that we had their best interests at heart but that they should follow our instructions carefully. The event would have been much easier to manage if we could have remained stationary and at a safe distance.

16. We believe that the migrants assumed that ‘If Only’ was their rescue vessel and that our approach to them led to a conclusion that this was their help. It wasn’t and our approach was simply to warn ‘If Only’ of the developing situation.

17. A low cost Position Indicator Device that could be given to the migrants together with instructions would help greatly, perhaps a simple radar reflector or light that would allow local tracking or some kind of electronic GPS / EPIRB transmission device that would allow the authorities to maintain a track on the launch vessel.

18. The Spanish authorities released a single vessel, Luz de Mar. The ETA ranged from 20 hours to 3 days. This wild variance did not give either ‘Tallulah’ or ‘If Only’ confidence in the control that the Spanish authorities had over the situation. Certainly, the Spanish Authorities had no fast patrol vessel at sea as we were advised early on that the ‘tug’ (great confidence booster that), ‘Luz de Mar’ had ‘just left Tenerife’. We were also asked to try and persuade the Danish MV Loren L’Oritzen to pick up the migrants. The Master (who was very helpful) of this vessel was understandably concerned (as were we) at this due to a) The very high topsides of the vessel and difficulty getting people on board and b) The commercial pressures to reach destination that such vessels have.


19. The Tenerife MRCC liaison worked very hard through the night and should be congratulated for his efforts, commitment, dedication, control and communication under pressure (from me at least!). There were however language barriers, and with English being the spoken language of the sea, we do feel that the Spanish Authorities could invest more in language training. That said, his English was much better than the Skippers Spanish. We did at times have severe struggles being understood.

20. We originally contacted Las Palmas MRCC, who we felt were slow to respond and slow to give us advice. In fact, I had to chase them when over an hour had passed from my initial contact with them. This felt like a very long time. It felt like there was no particular plan in place.

21. We wasted a lot of time trying to establish communication methods with LPMRCC and TMRCC. Event organisers such as World Cruising Club should supply lists of communication methods for each yacht participating.


22. There did not seem to be a clear plan coming from TMRCC until the incident was quite well developed. Certainly I feel some actions should be part of an automatic plan; such as instructing the local ‘intercept’ yacht to issue a PAN PAN / DSC alert locally to attract the attention of more suitable local rescue vessels and establishing roles, identities and communication protocols early on. I am a professional Skipper and consequently well versed in SAR method and protocol and thus almost instinctively knew how to take control of the local situation for a successful outcome. I am not convinced that all yachts whether ARC participants or not would be as well versed in effective management of such a situation and thus, a more pro-active role from the MRCC would be better.


23. We encountered one Spanish Fishing vessel who responded to our DSC but they were completely unwilling to assist in the operation – to any extent, citing the loss of a days fishing as the reason they would not assist. It is clear that the Spanish authorities have a great reliance on the fishing fleet to assist in these situations. We would like to understand whether or not the Spanish authorities have a ‘compensatory’ arrangement with the Spanish fishing fleet when they do assist. If they don’t then should this be considered as a priority?

24. Once we had communication with Falmouth MRCC and were able to articulate our concerns clearly in native language, we became more comfortable that the rescue efforts would be more effectively managed. Concurrences with my thoughts were indicated by ARC management, ‘the involvement of FMRCC certainly helped’.

25. We were approached by the Spanish media and we understand that this became a national story in various media outlets in Spain. We felt that general advice in handling the media would be advantageous and that some form of communication from ARC about what was going on in the outside world would help.

26. ‘Tallulah’ expended a fair amount of resource during its role in the situation. We utilised considerable amounts of fuel, Sat Phone minutes, flares, and equipment from the boat during the course of affecting this rescue. I doubt that the owner of Tallulah would be overly concerned about this but I feel that for some yachts, this could be a significant issue both financially and through the consumption of useful, perhaps critical resource during an extended trip such as this.

27. Whilst appreciating that ARC organisers would not want to generate adverse publicity in respect of the event and its perceived safety, I do feel that the ARC could leverage its ability to access to more generalised (than the yachting press) media channels to raise awareness of the plight of these people and thus place an increased pressure upon ‘rich nations’ to better address the issues from both political and resource perspectives.

28. The above could ultimately lead to simple measures such as a 40-50kt patrol boat or two being funded by the EU. Potentialy, this could realise response in these waters to 10 hours as opposed to 1.5 to 2 days and would reduce the reliance upon 'amateur' rescuers with inappropriate vessels. Based on some research that has been sent to me by family ashore, notably an August release from the Spanish Embassy, I do not believe that the Spanish have any kind of formal patrol in these waters, despite having territorial patrol agreements with a number of key African nations.

29. My crew are all keen to know more about what the end result was for the migrants. I feel that some kind of communication in respect of final outcome from ARC organisers or the MRCC would be greatly appreciated by vessels involved.

30. In an age where many are forgetting traditional long range communications devices such as SSB, it was clear from this situation that without the SSB radio, the situation could have been very different. SSB was the tool that allowed us to ‘let the world know’ quickly. Sat Phone had its uses but equally had its limitations particularly with regard to cost, and the likelihood of running out of Sat Phone minutes. It is clear to me that for offshore sailing, you should equip yourself as fully as possible with communication devices. Whilst the SSB install was expensive, it more than paid for itself in this situation. What would have become of If Only with only a Satphone (with 15 minutes credit on it), and a VHF?

31. Since completing the trip, returning and conducting some research, it is clear that there are hundreds if not thousands of these boats making for the Canaries. Therefore it seems there is a reasonable possibility of further boat encounters in the future. For smaller boats unable to make the speed that we were able to, the situation would be very different and would be unmanageable. There would be a much higher risk of boarding, assault, vessel seizure and so on. What you do not know is what the people are. Migrants, Pirates or worse. Certainly the people on the boat were aggressive and desperate and a mass boarding of your vessel would certainly put you and your vessel at risk. I would not advise that smaller vessels take the traditional 20N 30W route until the authorities are able to offer a strategy and resources.

32. Merchant Shipping is advised to treat all such encounters as piracy attempts until such time as you have conclusive proof that you will not be harmed, seized, shot or so on. Merchant Shipping is also advised to treat the situation as a Mayday Relay, from the word go. Why is similar advice not given to yachts? Certainly, “grave and imminent” danger falls into the pot here. I believe that yachts should be instructed to treat this as a Mayday Relay situation.

33. Press reports in Yachting World, the World Cruising Club website and in other locations suggest that the Spanish Authorities operate “Constant Naval Patrols in this area”. We saw absolutely no evidence of this. Communication with the Spanish Authorities at the time suggest that they are entirely constrained resource.

34. Advice given by World Cruising Club “Call Las Palmas MRCC and Stand By” is naïve and insufficient. The authorities are not that well organised and you will need to work hard yourself during this period.
 
I don't have the knowledge or experience to comment on this, or on your previous post, but I do want to express my thanks to you for raising a fascinating subject and explaining and analysing it so clearly. I want to do an ARC (as crew) one day and, although this makes sobering reading, I hope it gets the message through to the organisers, and the Spanish authorities, that this is something that needs careful consideration and a measured, effective response. In the absence of an official enquiry, you've done a great job.

It seems almost superfluous to mention that, by preventing a panic stricken scramble on to the two yachts, you're likely to have saved the lives of your crews and - quite possibly - those of the people on the migrant vessel.

Huge respect to you, and shame on the WCC if they're ignoring what you have said.
 
Wanted to correct a typo. Point 31, should read "I would advise smaller vessels do not take the traditional 20N 30W route..."
 
I've sent a copy of this to my crew (crossing in Jan 2009). A valid point is that you don't know exactly what you are up against. I would think myself that most if not all the boats would be of the 'economic migrant' variety rather than piratical, but then if you are adrift, desperate for food and/or water then there would probably be no discernible difference in your behavior. I hate to say this (and I've canvassed my crews opinions) but mid-Atlantic you might well have to take a leaf out of the merchant marine/fishing vessels and 'harden your heart'. Still not sure what I'd do, it really would depend on the circumstances ~ where/how many in the boat/what condition they were in etc.
 
Hardening the heart is one thing, but you may not have the opportunity to harden the heart and to sail away, this is the reality here.
 
I question whether the Spanish authorities have any will to deal with these situations at all. I think it is well known that they do not want migrants from Africa turning up in the Canary Islands, and have got rid of them in the past by quickly taking them to the mainland, giving them EU citizenship and encouraging them to leave Spain (mostly for the UK, with rumours that the Spanish have even provided one way tickets). When I was last in Lanzarote they had a big fast patrol boat there. They may still have it but just did not want to send it, in the hopes the situation would be resolved without their intervention.
 
In My Humble opinion this post and the previous have provided an excellent analysis of the situation, and serious cause for thought. Both merit much wider distribution, and I hope they are taken up by IPC for inclusion in their magazines. For long distance cruising yachtsmen, this is becoming a much wider problem, and occurs in several places that are the ideal sailing routes.

I have been involved in several SAR incidents (and even run a number of exercises involving the usual participants, but had not considered the impact on a small vessel interrupted on a longer journey of the loss of what may be a significant percentage of available resources. In todays electrically powered world, the loss of fuel for power generation might be one of the most serious problems.

I believe the final solution of the floating line jamming the prop is something that needs to be only a final resort following a well documented period of aggression (preferably with phots as well), otherwise, it can put the victim yacht into serious trouble, if loss of power to the pursuing motor boat puts it into some danger.

I am bringing this to the attention of the moderators with a recomendation that the story is worthy of much wider circulation.
 
I am open to the fullest engagement with all relevant organisations because there is much to be learned from this at the highest and lowest levels.

I have said what I have wanted to say in respect of the organisations involved and I am happy to speak further with relevant organisations for the benefit of all. I hope that future engagement can be constructive and that I am proven wrong in some of my more doubtful concerns.

But lets be clear, this is not an issue that I intend to give up on. Ultimately, I want to achieve the best result for everybody concerned.

I will be mailing these posts to the Chief Executive Officers or equivalents of both the MCA and the RYA for consideration and welcome debate with these organisations on how best to handle the issue.

I think that we should be wary of panic, but I do think that we are at a stage where the general yachting public should be presented with guidelines and that these guidelines should give due consideration to all the salient and operative facts here. We need to be realistic and logical in our analysis of these facts and we should seek to recognise that in my strongest belief that for the smaller yacht at least the waters between the Canary Islands and the CVI's should be noted as an area of caution. There are very, very real risks here. I know. I have been there.

Thus far, the support of everybody on this forum has been fantastic as it has allowed me to focus and develop my thinking in this matter. I welcome much more debate. It has been very interesting to see people of such credibility pitch into these forums we very worthy advice. All those that have read these posts must have learned something.

This issue is important and we all need to be better informed. I know more about this situation than most people in the world, not just because of the event itself but also because of the thought provoking reactions I have had from people on this forum. I cannot do this alone and any help that people on the forum can provide in terms of recommendations advice, introductions and so on are much appreciated, this story can be used to affect a safer passage for offshore yachts people and perhaps more importantly the people in plight.

Thinking Caps on Folks!
 
This may have been a fast patrol boat. However we were 450nm miles away. I have seen the fast patrol boat in Las Palmas and I doubt it is capable of that distance. The infrastructure needed to support this area of water is significant. Perhaps the Lanzarote patrol boat is different. I think we are looking at fueling ships and fast patrol boats. We are deep ocean here.
 
It would be very usefull to get a decent legal opinion, on exactly what measures could have been used either by yourself or by the boat that was attacked. I would expect that these measures would be very different

i.e. you would not be allowed the same lattitude in order to protect a fellow sailor, that they would have when protecting themselves.
 
Just as a comment, I would suspect that the Canarian Authorities might take the attitude that if the migrant boats have drifted past the Islands then they're not their problem. They would,of course, deny that on humanitarian grounds. I feel the answer might be EU-wide financial support, otherwise hard-hearted cyniscism may well rule.
I applaud the effort that has gone into this discussion doc: One worrying possibility, of course, is that yachts may be prevented from setting off on an Atlantic crossing from the Canaries. From a heavy-handed official point of view, that may be the easiest way to 'cure the problem. It doesn't of course. This incident is symptomatic of a much wider problem (of which I'm sure we're all aware). I suspect the problems of a small private yacht at sea confronted with just this sort of situation are a minor consideration.
The 'cruising fraternity' may have to think up their own guidlines on this one because I have a suspicion that we may be viewed as 'part of the problem'. This might explain the reaction of the World Cruising Club, they won't want to stir up 'the authorities' in case it rebounds on their event.
 
I think there is definitely an issue in that this has potentially has commecial impacts for World Cruising Club. I would not want to get to a stage whereby people were prevented from leaving the Canaries for an Atlantic crossing.

Guidelines are what need to be driven and I think the discussion document was intended to be used to drive the creation of those guidelines. Hopefully somebody is reading these posts that can help to take this forward now.

I think that we would observe the latent strategies (or at least the rhetoric) of EU government change a little if an English, French, German, Italian, Swedish etc boat ran into real trouble and lost life as a result of an incident like this and I do genuinely think that this is a very real possibility.

I think the issue for yachtspeople and perhaps the simplest solution is a change to the route planning advice that is given.

Potentially punch west out of the Canaries for 3-400 miles or so could take you out of the riskiest zone for such encounters (I haven't plotted that passage yet so distances are plucked from the air).

I am at the conclusion that small yachts are very vulnerable here and that advice should be given across the sailing fraternity now. From my perspective, I wouldn't take a small yacht the 'southerly' route these days.

So perhaps we are at the end of 'sail south 'till the butter melts' era as the modern world impacts more on the freedom of the seas.
 
An excellent document.

As I've said on a previous post, another forumite and I have agreed to get together and look at this as we both handle maritime risks for a living, and see if we can produce a small guidance leaflet or similar covering this issue. I'll keep everyone up to date, any other offers of help would be much appreciated.
Simon
 
Just my two pennies :
Please, look at this report. May be an explanation why neither the spanish authorities, nor the spanish fishing boat were very keen to intervene ? Finaly, 300 miles is well outside the spanish waters.

BTW : The problem is not specific to the "southern route", nearly every day 50 to 100 or even more peoples are "rescued" by the spanish authorities, and another 50 to 100 manage to land to either mainland Spain, or any of the Canary islands.
... And the mediterranean coast from Gib to Creta is infested by such wrecks carrying full loads of african peoples.

The passage between Lybia and southern Italy/Malta is particulary dangerous in this regard.

Some times ago, a fishing boat rescued about 50 of those peoples, and was denied landing them either in Malta, nor in Italy. He had to wait for the diplomats to find a commonly agreed landing place - in this case Lybia. When the refugees realised that they were returned to Africa, they mutined, and the crew was in real danger!
They lost one month of fishing, all the food they had, and had to fix the many damages sustained.

My position, if I happen to meet such a boat, I will ignore her ... as far as I can escape them.

I do not consider the "desperation" explanation, even if at the moment they may be really freightened, but don't forget that they pay up to $5'000 (five thousand american dollars) for the privilege to embark on such a wreck!
That's the price I paid for one month vacation to New Zeland - flight, hotels, rented car, etc. included.
O.K. dont tell me about my CO2 footprint.

Paul
 
Very interesting remark and link, one of my distinct concerns throughout the nights events were the risks of hitting this vessel. It was unlit with no moon.

Luz de Mar was the vessel that was on its way to see us. I think that what this also demonstrates the ongoing legal consequences.

People keep mentioning the fact that they would not stop and help. I've got to make it clear, you may not get the opportunity to exit. The boat we encountered was faster than most smaller yachts.

On that desperation issue, that is a fair point, but then when I think about it a little more, what has that individual had to do in Africa to raise that kind of money, what is the underlying crime and what does that tell you about the people we are dealing with here? So perhaps this puts it back to these people being fundamentally desperate.

What implications does this have for the encountering yachtsperson with small crew?
 
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