ANNEX
DRAFT PROGRESS REPORT ON THE ISSUE OF COMBATING UNSAFE PRACTICES ASSOCIATED WITH THE TRAFFICKING OR TRANSPORT OF MIGRANTS BY SEA
1 Pursuant to the adoption, by the twentieth session of the Assembly, of resolution A.867 (20) on Combating unsafe practices associated with the trafficking or transport of migrants by sea, the Maritime Safety Committee, at its sixty-ninth session (MSC 69/22, paragraph 21.8 to 21.15), considered and, in principle, agreed to the development of relevant guidelines, based on a proposal by the Government of Italy (MSC 69/WP.1), to enable it to fulfill the task given to it by the Assembly and, at the same time, respond to a relevant proposal made by the Facilitation Committee, at its twenty-fifth session, whereby the MSC was invited to consider developing a reporting system on the activities in question similar to the one the MSC had established for the purpose of reporting acts of piracy and armed robbery against ships.
2 MSC 69, having considered the report of an informal ad hoc group (MSC 69/WP. 13 and Add.1) and noting the urgency and importance of the matter, inter alia, agreed to:
.1 establish an ad hoc correspondence group to further develop the provisional elements on combatting unsafe practices associated with the trafficking or transport of illegal migrants by sea, initiated at that session, and to report to MSC 70;
.2 invite Member Governments to submit any comments on the provisional elements referred to above (MSC 69/WP. 13/Add.1) to the correspondence group;
.3 instruct the Secretariat to attend the August/September 1998 UN Ad Hoc Committee meeting in Buenos Aires and to report the outcome of that session to MSC 70; and
.4 continue the work of the correspondence group at MSC 70 when experts should be made available to discuss the matter.
3 MSC 70 noted that FAL 26 (MSC 70/2/2, paragraph 6) had declared its support of the action it had taken and its preparedness to co-operate in the development of a comprehensive convention against transnational organized crime, which should also contain provisions against illegal trafficking of migrants, by sea.
4 MSC 70 noted further (MSC 70/17/1) that the Informal Preparatory Meeting of the Open-ended Intergovernmental Ad Hoc Committee on the Elaboration of a Comprehensive International Convention against Transnational Organized Crime, which had taken place in Buenos Aires from 31 August to 4 September 1998, had agreed to take IMO's work into account when developing an international legal instrument against illegal trafficking and transport of migrants and that the respective Secretariats should co-operate closely on this matter.
5 MSC 70, having considered the report of the correspondence group (MSC 70/17/Rev.1) and several interventions made during the session suggesting:
.1 that whatever action IMO would take in this respect should comply with the provisions of the UN Convention on the Law of the Sea (e.g. freedom of navigation) and other international instrument;
