Ethics and Liability in the mountains - Joint statement from the BMC and Mountaineering Scotland
During Outdoor Safety Week, we are reminded of the shared responsibility we all carry when enjoying the hills, crag and mountains across the British Isles and beyond.
Many members of the mountaineering communities will have seen recent media reporting of the conviction of an experienced climber in Austria for manslaughter, following the death of a less-experienced climbing partner during an ascent of the Grossglockner, the highest peak in Austria. Despite not being a paid guide, the individual who was found to have failed in their duty of care towards their partner.
We would like to express our sincere condolences to the family of the deceased and to all those affected by this tragedy.
This case has understandably prompted reflection across the walking, climbing and mountaineering communities. Many will be asking what this might mean for friends and companions heading into the hills and mountains together. For many of us, exploring the outdoors with more experienced friends is how we are first introduced to these activities. If you are the more experienced member of the group, it is important to recognise that others may naturally look to you for leadership, judgement and reassurance. We encourage all to take this responsibility seriously.
At the same time, it is important to recognise that this case is exceptional, as noted by the presiding judge. The legal implications - if any - across the different legal systems of England, Wales, Scotland, Ireland and Northern Ireland will take time to fully understand.
In reflecting on this case, the UIAA 2016 Declaration on Mountain Ethics provides a valuable and widely recognised framework:
1. Individual Responsibility
Mountaineers and climbers practice their sport in situations where there is a risk of accidents and where outside help may not be available. With this in mind, they engage in this activity at their own risk and are responsible for their own safety. The actions of individuals should not endanger those around them nor damage the environment. For example, the fixing of anchors on new or existing routes cannot automatically be taken as acceptable.
2. Team Spirit
Members of a team should be prepared to make compromises in order to balance the needs and abilities of all the group. The climb will invariably be most successful where the members support and encourage one another.
3. Climbing & Mountaineering Community
Every person we meet in the mountains or on a rock face deserves an equal measure of respect. Even in remote places and stressful situations, we should always treat others as we want to be treated ourselves.
4. Visiting Foreign Countries
When we are guests in foreign countries, we should always conduct ourselves politely and with restraint. We should show consideration to the local people and their culture – they are our hosts. We should respect local climbing ethics and style and never drill holes or place bolts where there is a traditional ethic against it or where no locally established ethics exists. We will respect holy mountains and other sacred places and always look for ways to benefit and assist local economies and people. An understanding of foreign cultures is part of a complete climbing experience.
5. Responsibilities of Mountain Guides and other Leaders
Professional mountain guides, other leaders and members of the groups they lead should each understand their respective roles and respect the freedoms and rights of other groups and individuals. In this declaration we recognise the high standards of practice achieved by the mountain guides’ own professional body.
6. Emergencies, Dying and Death
We must be prepared for emergencies and situations which result in serious accidents and death. All participants in mountain sports should clearly understand the risks and hazards and the need to have appropriate skills, knowledge and equipment. They need to be ready to help others in the event of an emergency or accident and also be ready to face the consequences of a tragedy. It is hoped that commercial operators in particular will warn their clients that their objectives may have to be sacrificed to assist others in distress.
7. Access and Conservation
We believe that freedom of access to mountains and cliffs in a responsible manner is a fundamental right. We should always practice our activities in an environmentally sensitive way and be proactive in preserving nature and the landscape. We should always respect access restrictions and regulations agreed by climbers with nature conservation organisations and authorities.
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