Statement for side-event
“Threats for Human Dimension Issues in Maritime Sector: Ukrainian Examples”
Human Dimension Implementation Meeting 2019, 20 September 2019
Human life is the highest value among all human rights and freedoms under the Universal Declaration of Human Rights, and its safety, including safety on the sea is the indisputable part of the human dimension and relevant OSCE mandate. Ukraine as a member of United Nations Organization and International Maritime Organization, complies the international commitments in accordance with:
the United Nations Convention on the Law of the Sea, 1982 (UNCLOS-82);
the International Convention for the Safety of Life at Sea, 1974 (SOLAS-74);
the International Convention on Maritime Search and Rescue, 1979 (SAR-79);
– the Agreement on Cooperation regarding Maritime Search and Rescue Services among Black Sea Coastal States, 1998 (Ankara Agreement).
In Ukraine Ministry of infrastructure of Ukraine and Maritime Administration of Ukraine through the state enterprise “Maritime Search and Rescue Service” is responsible to carry out the country’s obligations as to coordination of search and rescue of human life at sea in accordance with the national and international requirements. State Enterprise "Maritime Search and Rescue Service" (MSRS) was established in 2011 in order to ensure the functioning of the uniform system of search and rescue (SAR) at sea in the SAR region of Ukraine and fulfil the country’s commitments as under the international conventions.
Search and Rescue Region of Ukraine covers 137 km2 of territorial and international waters, which boarder with search and rescue regions of Republic of Bulgaria, Romania, Republic of Turkey and Russian Federation. Search and Rescue Regions determined by bilateral treaties between neighboring states. But after the temporary occupation Crimea Peninsula by the Russian Federation in 2014 the questions about how to realize the search and rescue operations at sea in this area are much more than answers.
In February 2014 the Russian Federation occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under the fundamental principles and norms of international law.
Ukraine has informed the IMO Member States that due to continued actions of the Russian Federation, Ukraine is unable to exercise properly its coastal State rights in the maritime areas adjacent to the Crimean Peninsula of Ukraine and thereby to carry out its international obligations under the respective treaties and conventional instruments, including the International Convention on Maritime Search and Rescue, 1979 (SAR), on part of sovereign territory of Ukraine (IMO Circular Letters Nos. 3453, 3477 and 3490).
The Maritime Safety Committee of International Maritime Organization invited Member States and interested parties to notify the Organization of any threats to the security and safety of navigation in the North-Eastern part of the Black Sea, for circulation in accordance with IMO procedures.
In particular, the following negative repercussions of the Russian Federation’s illegal and unilateral claims and actions have to be pointed out:
– Ukraine had to temporarily suspend the functioning of the maritime rescue sub-centres (MRSCs) in Kerch (LRIT ID 2791) and Sevastopol (LRIT ID 2793) until the complete restoration of constitutional law and order and control by Ukraine over Crimea. The relevant information was duly reflected in the Global SAR Plan module of GISIS (Global Integrated Shipping Information System (Circular Letter No. 3603);
– operation of GMDSS A1 Sea Area VHF DSC Coast Radio Stations situated in Kerch (UN/LOCODE – UA KEH) and Sevastopol (UA SVP) has also been suspended (GMDSS.1/Circ.22);
– starting from April 2014 the State Maritime Rescue Co-ordination Centre of Ukraine (MRCC Odesa) has ceased to receive the actual information in respect of vessels’ position and traffic from 13 AIS base stations situated in Crimea; and
– on 23 April 2017 the Russian Federation deliberately instigated the incident when the Russian navy attempted to seize a Ukrainian rescue vessel during Ukrainian SAR regular exercises in Ukraine’s territorial waters and in Ukraine’s SAR region.
Attempts of the Russian Federation to claim its control over the maritime rescue sub-centres of Ukraine, in particular in Kerch and Sevastopol, violate both multilateral and bilateral treaties in force, in particular: Agreement between the Government of Ukraine and the Government of the Russian Federation on Merchant Shipping 1995, Agreement on Co-operation Regarding Maritime Search and Rescue Services among Black Sea Coastal States 1998, and Agreement between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation on Cooperation in Maritime and Aviation Search and Rescue in the Black and Azov Seas 2010. These illegal and outlaw actions taken by the Russian Federation will have far reaching consequences for conducting of search and rescue operations as well as for the safety and security of navigation in the maritime waters around the Crimean Peninsula putting life at sea in danger.
At the same time, Ukraine has taken all appropriate steps in light of Russia's unauthorized activities to ensure that the obligations of Ukraine under the 1979 SAR Convention are fully performed by Ukraine in its SAR Region as established by international treaties. It is ensured, among others, by the National Maritime SAR System, its basic element being the Maritime Search and Rescue Service of Ukraine. It embraces the State Maritime Rescue Co-ordination Centre (MRCC Odessa), the Maritime Rescue Sub-Centre (MRSC) in Mariupol, the Ukrainian National Data Centre of Long-Range Identification and Tracking (NDC LRIT) in Odessa, the Integrated Automatic Identification System (AIS), the Operational Control Centre of Coast Radio Station (Odessa) of GMDSS Sea Area A1 and A2, the Coast GMDSS Radio Stations of Sea Area А1 in Odessa, Mariupol, Berdyansk, the Coast GMDSS Radio Stations of Sea Area A2 in Odessa and Yuzhnyy, the VHF remote site in Odessa, as well as the designated SAR units (high speed rescue boats and rescue vessels) duly equipped for performing SAR missions and manned with duly prepared SAR teams, as well as other necessary components.
Ukraine as the Black Sea coastal State extends its sovereignty to and has sovereign rights and jurisdiction over internal waters, territorial sea, exclusive economic zone and the continental shelf of Ukraine in water area of the Black Sea appertaining to the Crimean Peninsula. So we call upon all states and international organizations to refrain from any actions that might be interpreted as recognizing the Russian Federation's unauthorized unilateral actions that prevents Ukraine from carrying out its international obligations in the maritime area appertaining to the Crimea Peninsular.
Such Russian unauthorised unilateral actions in area of maritime search and rescue cause the strongest danger for the human life on the Black and Azov Seas and in Kerch strait, they must become the subject of the strongest attentions of the OSCE structures, such as OSCE Special Monitoring Mission in Ukraine and others.
Alla Kuprii, International Humanitarian University, Ukraine