Please select your home edition
Edition
Armstrong 728x90 - Performance Mast Range - TOP

Responsibility at sea - global conversation hots up

by Nancy Knudsen on 6 Jul 2010
French yacht Tanit - the crew were told repeatedly that the area was too dangerous SW
The global conversation about responsibility at sea is hotting up, with the French Government about to enact a bill that will require adventurers to pay for their rescues, and an ex-White House aide asking why Abby Sunderland's parents should not be sued for Child Endangerment.

In France the debate has resulted in a proposed law, put forward by a government tired of having to foot the bill, that would enable the state to demand reimbursement for 'all or part of the costs … of foreign rescue operations' if it deems that travellers had ventured knowingly and without 'legitimate motive' into risky territory.

Last month Australia and France paid for the return of Abby Sunderland, the teenage sailor who got lost at sea and whose rescue is estimated to have cost up to $300,000.

According to the foreign ministry, the bill is an attempt to encourage a 'culture of responsibility' among French travellers at a time of frequent kidnappings, hijackings and civil instability across the world. The ministry hopes that the prospect of being saddled with paying costs such as emergency air fares home will make people think twice about venturing into territory classified as dangerous. There is no question of ransoms being included in the cost, unsurprisingly, as France insists it never pays them.

Several French-led overseas missions in recent years have sparked debate over who should shoulder the financial burden for holidays gone drastically wrong.

Last year, several French yachts were hijacked by pirates off Somalia, with one of the commando raids culminating in a man, Florent Lemacon, being killed. Officials expressed exasperation that the sailors had been warned repeatedly of the region's dangers but sailed on nonetheless.

It is unclear which, if any, of these rescue operations would have been affected by the legislation, which applies to 'people who have deliberately exposed themselves, without a legitimate motive stemming from their professional situation or a situation of emergency, to risks of which they could not have been unaware'.

Similar steps have been taken by other countries, including Germany, where last year a court ruled that a German backpacker taken hostage in Colombia in 2003 should pay €12,000 (£10,775) to cover the cost of her helicopter rescue.

But the law – approved by the senate in May – has its critics. Many feel it is the state's duty to help its citizens in need, no matter how reckless their activities.

But the government insists that neither journalists nor aid workers would be affected by the law, which would be applied 'case by case'. 'Obviously journalists who take risks are protected … They are excluded, aid workers too,' said Kouchner.

It is unclear to what extent the French law would affect adventure seekers and extreme sports participants, whose daring exploits and dramatic rescue stories provoke sporadic rows over whether the taxpayer should foot the bill for the recklessness of a minority.

Abby Sunderland's exploits pale in comparison with those of Jim Shekhdar, a Briton who had to be rescued twice while trying to row solo from Queensland to Cape Town in 2003. Both operations are believed to have cost six-figure sums

USA Debate:


At the same time in the USA, ex-White House aide Robert Weiner and Noah Merksamer, policy analyst for Robert Weiner Associates, have weighed into the furore caused by Abby Sunderland's rescue in the Indian Ocean. They are asking why Lawrence and Marianne Sunderland are not being prosecuted for endangering their daughter, a minor, by allowing and expediting her extremely high risk, life-threatening solo boat voyage around the globe.

In a column in the July 4 Ventura County Star (California), the paper near the Sunderlands, Weiner and Merksamer say, 'On June 10, sixteen-year old Abby Sunderland of Thousand Oaks, CA nearly lost her life -- with her parents' permission. Instead of merely questioning the decision of Laurence and Marianne Sunderland to place their daughter in the middle of the Indian Ocean by herself during storm season, the media should be asking why legal action has not been pursued.'

The authors cite California Penal Code 273: Any parent who 'willfully causes or permits that child to be placed in a situation where his or her person or health is endangered' can be charged with Child Endangerment.
Weiner and Merksamer continue, 'The young would-be world sailor became stranded in a remote part of the ocean when a storm wrecked her boat, Wild Eyes (even the name is a message). Waves and hurricane force winds left her helpless in the broken sailboat.'

'If leaving an infant in a hot car for too long is considered a felony by California's child endangerment laws, shouldn't sending a minor on an enormously high risk, solo voyage across the globe, with no rescue boat or plane nearby, qualify?'

Weiner and Merksamer include the possibility that Abby's voyage was a publicity stunt for the parents -- the father engaged in discussions for a reality TV show but so far has turned down the contract.

Weiner and Merksamer assert, 'Parents are supposed to guide teen know-it-alls. None of us is that far removed from our teenage years, when we thought we had judgment but later realized we hadn't. That's what parents are for. We fondly look back and remember our parents saying 'No.'

The question of reimbursement for the rescue was not at issue, as her rescue occurred outside of American waters.

Sea Sure 2025RS Sailing 2021 - FOOTERDoyle_SailWorld_728X90px_cruise BOTTOM

Related Articles

Save On Dinghy Gear Proven By World Champions
More Black Friday Savings at Zhik Prices are unlocked on Zhik Dinghy Boots, PFD's, Wetsuits and more...
Posted on 28 Nov
8th Portugal Grand Prix at Vilamoura Day 2
Mixed conditions allow the 49er fleet to complete 3 races, while the ILCA fleets complete only one Day 2 delivered mixed conditions in Vilamoura, allowing the 49er fleet to complete three races, while the ILCA 7 and ILCA 6 fleets each managed one. The 49erFX fleet could not complete any races.
Posted on 28 Nov
iQFOiL Senior Europeans at Sferracavallo Day 5
Top 10 confirmed for tomorrow's Medal Series showdown The penultimate day of the 2025 iQFOiL European Championship in Sferracavallo brought frustration and waiting as light and unstable wind conditions made racing impossible.
Posted on 28 Nov
J70 North Americans Race Spotlight: Lydia Woolson
How the J/70 Can Keep Young Sailors in the Game For many lifelong sailors, the story begins with a family boat or weekend sails. For Lydia Woolson, it began with summer camp.
Posted on 28 Nov
High School & College Regional Qualifier Opens
A New National Stage for America's Next Generation of Foiling Sailors The WASZP Class has set the stage for a major shift in American youth and collegiate sailing with the announcement of its Regional Qualifiers for the inaugural National Championship.
Posted on 28 Nov
20th anniversary OK Dinghy World Ranking
Andy Davis is the new World No. 1 Twenty years ago the first ever OK Dinghy World Ranking list was released. It had just 287 sailors listed. Now, 20 years later, the 58th OK Dinghy World Ranking list has 664 sailors listed.
Posted on 28 Nov
World Sailing Inclusion Championships preparations
Ahead of the historic first edition of this global event The organizing committee for the 2025 World Sailing Inclusion Championships—represented by Oman Sail—continues to step up preparations ahead of the historic first edition of this global event.
Posted on 28 Nov
The Rooster Big Weekend
Black Friday Starts Here This is it. After a week of early-access teasers, The Rooster Big Weekend is officially LIVE — and the whole collection is now open to everyone.
Posted on 28 Nov
Sam Goodchild crowned IMOCA Globe Series Champion
After a stunning 2025 season he wins the title for the second time After a long season at the top of the IMOCA fleet that featured three race wins, Great Britain's Sam Goodchild is, for the second time in three years, the IMOCA Globe Series Champion.
Posted on 28 Nov
SailGP: Peter Burling cleared to race
Black Foils skipper Peter Burling has been cleared to race this weekend in Abu Dhabi. The Black Foils team have advised that their skipper and helmsman, Peter Burling, who injured a finger on his right hand in test racing, has been cleared to race in the Grand Final this weekend in Abu Dhabi. See broadcast time schedule here.
Posted on 28 Nov