Report on the Maritime Safety and Port Security ... - PMAESA

<strong>Report</strong> on the Maritime Safety and Port Security Workshop
3 rd – 4 th September 2009.
Nyali Beach Hotel
Mombasa, Kenya
A. Preliminaries- Opening Session
1. The Port Management Association of Eastern and Southern Africa (PMAESA) in
conjunction with the Southern Africa Development Community (SADC) held a workshop
on Maritime safety and port security on 3 rd and 4 th September 2009 with the objective to
set up a regional maritime security and safety strategy with a long term-action plan and
getting it harmonized with the national maritime strategies.
2. The workshop drew together 45 participants from the region who included
PMAESA and SADC members and representatives from UNPOS, US Coast Guards
and the US Navy. Member states represented include: Kenya, Mozambique, Namibia,
South Africa, Southern Sudan, Rwanda, United Republic of Tanzania and Zambia.
3. The workshop was officially opened by Capt. Twalib Khamis, Harbour Master at
Kenya Ports Authority on behalf of the Minister for Transport Kenya, Hon. Amb. Chirau
Ali Mwakwere. In his opening remarks the Minister emphasized the importance of
maritime trade to the economies of the region and the need to ensure that there are no
bottlenecks in trade facilitation. Hon. Mwakwere therefore, called on the participants to
seek solutions that would address the issue of piracy that was threatening operations in
the maritime industry.
4. In his welcoming remarks Mr. Jerome Ntibarekerwa, the Secretary General of
PMAESA appreciated the collaboration with its partners who include International
Maritime Organization (IMO), the US Coast Guards, the Sub-regional and regional
organizations, SADC, COMESA and EAC. He explained the initiatives PMAESA had
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made on promotion of maritime safety, security and combating piracy in the Eastern and
Southern Africa (ESA) region. He pointed out that it was high time the port community
was involved in the issue of dealing with piracy as they were victims of the problem.
5. Ms Mapolao Mokoena a representative of SADC Secretariat, in her opening
statement emphasized the need for all member states to take collective responsibility in
handling the safety and security issues in the Region, noting that this approach was
supported by the SADC Transport Protocol which calls for Member States to apply
international standards and recommended IMO practices.
B. Workshop Proceedings
6. A number of presentations were made on maritime safety, port security and
piracy. The presentations ranged from Overview on Piracy and Surveillance in the ESA
region, Country positions on ISPS Code Implementation Status, Role of US Coast
Guards and US Navy Forces in Maritime Safety and Port Security in the region.
Overview on Piracy and Surveillance in the Region
7. Col. Victor Gamor representing United Nations Political Office for Somalia
(UNPOS) presented a paper on the overview on piracy and surveillance in the region,
the presentation highlighted the challenges posed by piracy off the Somalia coast. Major
among them being the absence of an effective central authority in the country which has
provided an environment conducive to support piracy both on land and offshore. The
paper enumerated the international response to piracy which included Task Force 101,
NATO Task Force and a number of individual country initiatives. He noted that though
the military operations at sea are achieving positive results, the legal issues remained a
big challenge in this area. The question on how long the operations were going to be
sustained remained unanswered.
8. Col. Gamor further gave an overview of the coordination mechanisms and intercluster
linkages in place. He gave details of the Contact Group on Piracy of the coast of
Somalia (CGPCS) that was created in New York in January 2009. This is further
complemented by Nairobi Nexus and Inter-cluster linkages, Joint Security Committee
and the on-going Security Sector Assessment (SSA) mission.
9. In conclusion he emphasized the need for a holistic approach in fighting piracy
which is multidimensional in nature while noting that the root causes and contributing
factors of piracy lie on both land and offshore. Finally, he underscored a need for
financial and material support to stabilize the security environment and support the
Transitional Federal Government to exercise effective control throughout Somalia.
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10. During discussions on the subject it was noted that while UNPOS had done a lot
of work in the area of coordinating, it is yet to fully bring all the bodies together. It was
further noted that stopping the pirates from going to sea is a solution, but it has not been
possible to stop them. UNPOS is currently examining how other intelligences agencies
can assist in this direction.
11. It was agreed that the people who negotiated and received ransom on behalf of
pirates be identified and punished. It was suggested that since pirates use sophisticated
communication equipment to negotiate for the ransom, this can be used to trace them.
The communication companies should therefore be engaged to assist in this effort.
12. Sharing of information was identified as important in handling the matter.
Shippers were urged to be abreast with the matter by getting information from among
others, the internet.
13. It was agreed that relevant protocols and operational procedures be put in place
to allow armed security personnel on board ships to provide security.
Country position on ISPS Code Implementation Status
Mozambique - INAMAR
14. Mr. Domingos Gomes, Coordinator of ISPS Code, at the Instituto Nacional de
Marinha (INAMAR) summarized the implementation of some of IMO Conventions by
Mozambique that deal with Maritime Security based on SOLAS chapter XI-2 and the
International Ship and Facility Security (ISPS) Code.
15. He indicated that Mozambique adopted SOLAS Convention in 2004 and in the
same year established the INAMAR with the mandate to coordinate and implement and
supervise the ISPS Code. The government then appointed consultants to prepare port
facility security assessments and plans. IMO Maritime Security consultants carried out
audits in Mozambican ports in 2007.
16. He also indicated that INAMAR is looking into developing a National Oversight
Programme as recommended in MSC.1/Circular 1194 on effective implementation of
SOLAS chapter XI-2 and the ISPS Code through the yet to be established National
Maritime Security Committee which is expected to bring all the Government agencies
on security and control in
17. The challenges of implementing the ISPS Code in Mozambique, included, (i) an
urgent need to provide security training material at all levels and training of INAMAR
staff, Port Facility Security Officers and those undertaking security duties within port
facilities. (ii) Sensitization of senior government officials on the requirements of SOLAS
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chapter XI-2 and the ISPS Code and (iii) provision of finance and technical assistance
to comply with ISPS obligations.
United Republic of Tanzania: Tanzania Port Authority (TPA).
18. Mr. Joseph Mbuya gave the background, historic overview and dilemma of piracy
problem in Tanzania. It was noted that between 2005 and February 2009, 74 incidences
of armed robbery had been recorded, having taken place at the outer anchorage of the
port of Dar es Salaam. These were however said to be of a lesser magnitude and
gravity compared to actual piracy.
19. To ensure that this problem does not escalate, Tanzania is looking into the policy
and legislative framework so that the international laws can be domesticated as well as
building human capacity as a tool to fight piracy.
Kenya: Kenya Ports Authority
20. Mr. Sylivster Ndongoli representing Kenya Ports Authority enumerated three
areas of concern to IMO in regard to the situation off Somalia and in the Gulf of Aden as
the need to protect seafarers, fishermen and passengers. Regional cooperation among
states was singled to be very important in solving the piracy problem. He called for the
implementation of the Djibouti Agreement that is expected to improve communications
between States; enhance the capabilities of States in the region to deter arrest and
prosecute pirates; improve States' maritime situational awareness; and enhance the
capabilities of local coast guards.
South Africa: Transnet National Ports Authority
21. Mr. Mmuntle Lentle representing Transnet National Ports Authority gave a
presentation that introduced the South African Maritime Security legislative environment
which provided the framework to achieve the obligations under chapter XI-2 of the
Safety Convention and the ISPS Code that ensured all 7 ports in South Africa were
compliant by 2004. The presenter further enumerated the impact of the ISPS Code on
port operations and these included reduced crime and standardized security policies
among others. The implementation of the ISPS Code however has faced some
challenges such as delayed vessel clearance, port congestion and resistance from
security agencies. Furthermore the Authority is undertaking a comprehensive security
upgrade project whose objective is to meet international obligations.
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Role of US Coast Guards in Maritime Safety and Port Security in the Region:
Concept of Regional Maritime Centre of Excellence
22. LCDR Robert Keith of the US Coast Guard Headquarters gave an overview of
the International Port Security Program whose focus was to engage in bilateral and
multilateral security discussions with all the USA trading partners, exchange best
practices and work with other regional international organizations to improve security
worldwide. To meet its objectives the organization uses a multi-phased approach
involving information exchange between nations, country visits and reciprocal visits.
23. During discussions on this subject capacity building was identified as an area
that needs attention in the Region. Nations were urged to have national maritime safety
and security strategies that focus on the awareness and enforcement of inland water
ways, ports, coast environment and the exclusive economic zone.
Role of US Navy Forces in Maritime Safety and Port Security in the region.
24. Capt. Red Smith gave a presentation on enhancing maritime safety and security
that touched on the Navy interest in maritime transport safety and security, the parties
involved on maritime partnership efforts and the mechanisms in play for cooperation
and collaboration. He elaborated on the marine environment and the challenges therein.
Maritime threats and challenges can only effectively be tackled by understanding the
systems in the sector activities.
25. Cooperation and collaboration was once again singled out as the approach to
deal with the problem. The Navy is building capacities of maritime institutions.
C. Conclusions and Way Forward
Piracy
26. The objective is to repress piracy as effectively as possible in the interests of the
global economy, freedom of navigation, Somalia, and the regional states. Accordingly,
the immediate focus should be on operational counter-measures to prevent, disrupt,
and punish acts of Somali pirate organizations and those emerging elsewhere in the
Region.
27. Achieving this objective will require cooperation, coordination, and integration
among military, law enforcement, judicial, diplomatic, and commercial interests in and
beyond the affected region.
28. Each Country must recognize that responses to piracy will vary according to
geographic, political, and legal environments, as well as available international
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esources and that the scope of any mission and the defined nature of the threat will
affect the choice of response. Some of the recommendations include:
Masters should maintain strict 24-hour piracy watches and be especially wary of
any approaching small crafts.
Ships should report their presence and intended itinerary. The Region should
develop a harmonised management information system with guidelines that
provide sufficient information to the users.
Masters should report all actual or attempted attacks, as well as any suspicious
vessel movements
Achieving this objective will ultimately require action on land to reinforce
measures taken at sea and to deprive the pirates of ransom proceeds.
ISPS Code
Maritime and Port Security Audits
29. Some Member States have already conducted security audits at their ports to
comply with the IMO conventions and are already addressing the deficiencies identified.
The Workshop recommended that PMAESA and SADC Secretariats should facilitate
the carrying out of security audits for the ports which have not yet done so. The two
Secretariats should also request security audits and progress reports from the other
Member States who have conducted the audits as a follow up mechanism to facilitate
monitoring of compliance with international requirements on security. Ultimately the
Secretariats in collaboration with Member States should develop national as well as
Regional implementation plan aimed at addressing the deficiencies identified during the
audits.
Legal and Regulatory framework
30. There is difficulty on enforcement due to inadequate legal and regulatory
framework in place in some of the Member States. There is therefore need to
domesticate the international conventions into the national laws.
Institutional framework
31. Member States may wish to consider the establishment of a regional or subregional
forum of officials involved with the implementation, verification of compliance
with, and enforcement of the provisions, of chapter XI-2 and the ISPS Code. Such a
forum will contribute positively towards the enhancement of communication, co-
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ordination and co-operation in the area of maritime security at the regional, sub-regional
and national level. SADC and PMAESA Secretariats should facilitate the formation of
such a forum at the Regional level and draw up the Terms of Reference of such a
Regional forum.
Capacity building
32. Training is fundamental to all challenges and development trends. To facilitate
training on regional approach it is necessary to asses and identify the training needs for
port security with a view to developing a training programme that meets the ISPS Code
requirements. SADC and PMAESA Secretariats should develop a questionnaire that is
aimed at gathering information on the training needs of the Coastal Member States and
develop a programme that addresses the identified needs.
Drills/Exercises
33. SADC and PMAESA Secretariats should develop a programme that is aimed at
supporting national and regional maritime drills and exercises to bring together port
stakeholders and inter-agency organizations in support of the ISPS Code. Efficiency
and effectiveness of the supply chain is dependant on all the players involved. It is
therefore imperative that other stakeholders in the supply chain are sensitized on
security issues with a view to getting to know the role they can play.
Technical and financial assistance
34. Failure to ensure the availability of correct and complete information undermines
the collective efforts to enhance maritime security and prohibits Contracting
Governments and the shipping and port industries to discharge their own duties and
obligations vis-à-vis others. SADC and PMAESA Secretariats should facilitate the
development of a harmonised management information system that will ensure that
reliable and usable data is collected and disseminated to the appropriate bodies.
D. Closure of the Meeting
35. The Workshop was officially closed by Secretary General of PMAESA, Mr.
Jerome Ntibarekerwa, who once again thanked Member States, Regional as well
international Institutions for honouring the invitation to attend that milestone Workshop.
He assured the Participants that the outcomes of the Workshop would be highlighted at
the forthcoming meeting of AU Ministers responsible for Maritime that is scheduled to
take place in Durban, South Africa in October 2009. He also assured the meeting that
the outcomes will also be presented to the policy organs of SADC, COMESA and EAC
as well as presented to the forthcoming Annual General Meeting of PMAESA.
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36. The Workshop adjourned at 12h45.
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