NANCY KARIGITHU DIRECTOR-GENERAL-KENYA MARITIME AUTHORITY

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1 NANCY KARIGITHU DIRECTOR-GENERAL-KENYA MARITIME AUTHORITY IMO SYMPOSIUM ON SUSTAINABLE MARITIME TRANSPORTATION SYSTEM - THE DEVELOPMENT OF AN EFFICIENT MARITIME ADMINISTRATION SYSTEM 1. INTRODUCTION On 22 December 1989, the United Nations General Assembly called for a global meeting that would devise strategies to halt and reverse the effectsof environmental degradation in the context of increased national and international efforts to promote sustainable development and enviromentally sound development inall countries. Agenda 21, adopted by the United Nations Conference on Environment and Development (UNCED) (the Earth Summit, 1992) held on 14 June 1992 in Rio de Janeiro, Brazil, is the international community s response to that request. Agenda 21is essentially a statement on how to achieve sustainable development in the 21 st century. The implementation of Agenda 21 is the responsibility of Governments, development agencies, United Nations organizations and independent sector groups in every area where the human (economic) activity affects the environment. Underlying Agenda 21 was the notion that humanity had reached a defining moment in its history in which the human population continued to adopt policies that served to, inter alia, deepen economic divisions with and between countries and increase the deteroriation of the ecosystems in which mankind depend on for sustainance. The overeaching consensus of the Earth Summit, 1992was that countries could improve the living standards for those in need; that people could better manage and protect the ecosystem and bring about a more prosperous future for all mankind. Notwithstanding this consensus, it was recognised that no single nation could do that on its own but only in a global partnership for sustainable development. Sustainable development aims at meeting the needs of the present, without compromising the ability of future generations to meet their own needs. The tendency by humans to destabilize natural balance necessitates the putting into place of measures for regulating human conduct and activities which impact on the environment. 1

2 In line with IMO s mandate of ensuring a "safe, secure, environmentally sound, efficient and sustainable shipping through cooperation, 1 IMO State parties have an obligation to ensure that they put in place measures for regulating human conduct that impact on the marine environment to ensure sustainable development of the maritime sector. IMO, like most international organizations is a regulatory agency and has no implementation and enforcement powers in relation to its rules and regulations and thus depends on its Member States to implement and enforce those regulations in their domestic jurisdictions. This is usually achieved in IMO States under the management, oversight and coordination by maritime administrations in individual States and on the basis of regional bilateral and multilateral cooperation between States. A follow up of the 1992 Earth Summit was done in 2012 at the Rio+20 Conference held in June 2012 in Rio de Janeiro, Brazil. 2. A BRIEF OVERVIEW OF RIO+20 (EARTH SUMMIT 2012) The Rio+ 20 conference was organized by the UN General Assembly by virtue of resolution 64/236 of 24 December 2009, as well as its resolution 66/197 of 22 December 2011, in which a decision was made to organize the United Nations Conference on Sustainable Development at the highest possible level in The conference led to the adoption of a document of the United Nations Conference on Sustainable Development, dubbed The Future We Want. At the Rio+20 Conference, the participating states agreed to come together with a view of coming up with measures to reduce poverty, advance social equity and ensure environmental protection. 2 The Conference resolved to, inter alia, take urgent action to achieve sustainable development, assess the progress and the remaining gaps in the implementation of the outcomes of the major summits on sustainable development and address new and emerging challenges. 3 Of relevance to the theme of this Symposium, the Conference participantsexpressedtheir determination to address the themes of the United Nations Conference on Sustainable 1 Accessed on 2nd September org/about.html-Accessed on 2nd September Resolution 12 of The Future we want available on - accessed on 3rd June

3 Development, namely, a green economy in the context of sustainable development and poverty eradication, and the institutional framework for sustainable development. 4 With specific reference to maritime administration and management, the Rio+20 Conference noted with concern that the health of oceans and marine biodiversity are negatively affected by marine pollutionfrom a number of land-based sources, including shipping. In order to reduce pollution, the UN State parties made a commitment to take action to reduce the incidence and impacts of pollution on marine ecosystems. 5 It was proposed that this was to be accomplished through the effective implementation of relevant conventions adopted in the IMO framework, and the follow up of the relevant initiatives such as the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities as well as adoption of coordinated strategies to this end. The Conference also took cognizance of the significant threat alien invasive species pose to marine ecosystems and resources and made a commitment to implement measures to prevent the introduction of, and manage the adverse environmental impacts of alien invasive species including, as appropriate, those adopted in the framework of IMO. 6 This paper sets out to provide an analysis of how maritime administrations in their regulatory capacity may align their management systems to ensure sustainable development of the maritime sector for the achievement of the aforesaid commitments within the global maritime regulatory framework. Secondly, it outlines how to develop maritime administration systems that incorporate the principles set out in the final resolutions of the Rio+20 Conference. 3. SUSTAINABLE MARITIME MANAGEMENT How then can maritime administrations ensure the adoption of an efficient maritime administration systems geared towards the achievement of the objectives of the resolutions of Rio+20 Conference? 4 ibid 5 Note Note164. BMW and AFS Conventions 3

4 Sustainable Maritime Management is of essence considering that over 90% of the world s trade is carried by sea. In recognition of this fact, the IMO Secretary-General launched the 2013 World Maritime Day theme: Sustainable Development: IMO s contribution beyond Rio Maritime transport plays a key role in economic development, as it is by far, the most costeffective and considerably safe way to move en masse goods and raw materials around the world 8. The maritime industry has therefore got an extremely important role in propelling the development agenda of any State. Sustainable Maritime development encompasses three pillars; 9 economic, social and environment. These three pillars allow for the inclusion of all key stakeholders in managing the maritime industry in a sustainable way. 4. SUSTAINABLE MARITIME MANAGEMENT INDICATORS AND STRATEGIES 4.1 ENVIRONMENTAL AND SAFETY STEWARDSHIP PROTECTION OF THE MARINE ENVIRONMENT The need for the adoption and stringent implementation of policies and legal/regulatory framework on the protection of the marine environment is key in this regard. This is primary way to ensure that sustainable maritime management will translate to reduced discharges into sea and air emissions from ships and shipping activities thereby ensuring cleaner waters, coasts and air. This will further lead to improved human health. Secondly, maritime administrations need to adopt programs that incorporate the promotion of the establishment of protected marine areas with the aim of conserving the natural environment of marine species to enable better management. Thirdly, maritime administration should ensure the adoption and implementation of an integrated coastal zone management and marine spatial planning. Maritime administrations, in addition to domesticating IMO conventions on the protection of the marine environment; should at an administrative level adopt programs, plans and strategic objectives that ensure safe exploitation of the seas and oceans without compromising the same for use by future 7 Accessed on 3rd September Accessed on 3rd September accessed on 2 nd September

5 generations. Such systems, plans and programs should be futuristic in spirit and maritime administrations should have regulatory mechanisms for ensuring that the users of the seas strictly implement them, include strict compliance requirements and seek strict enforcement. To achieve this, maritime administrations should thus engage the relevant stakeholders in the formulation of the said systems to ensure stakeholder buy-in from the onset PREPAREDNESS AND RESPONSE Maritime administrations in their contingency planning roles should adopt policies that call for stakeholders participation in prevention, preparedness and response to pollution incidents. Stakeholder s participation should be sought right from the planning stage to ensure inclusiveness and hence stakeholders buy-in from the onset of the process. Maritime administration must also collaborate with environmental agencies to ensure that maritime projects like port terminal development are subject to environmental impact assessment and the incorporation of strategic environmental assessment in their planning processes ENVIRONMETAL STEWARDNESS PUBLIC AWARENESS Maritime administration can also as part of their corporate responsibility activities conduct public awareness on environmental stewardship to users of the seas within their jurisdictions. 4.2 ECONOMIC DEVELOPMENT With regard to the economic pillar, attaining safe, secure, and efficient shipping as a goal, sustainable maritime management translates to the realization of the economic benefits of the industry to persons who are affected by it, both directly and indirectly. Therefore, this creates a need to ensure that, merchant and fishing fleets are properly run and maintained to ensure the realization of maximum economic benefits while having in mind the needs of the future generations. Further, states need to cooperate in ensuring the effective movement of around 90% of global trade and put into consideration the principle of equitable division of world resources translating to an improvement in turnaround of ships in ports. Such 5

6 developments occur as a result of an increase in world commerce translating to wealth creation and a general economic development of nations and peoples. 4.3 SOCIAL DEVELOPMENT The fortunes attained from a properly managed maritime industry translate to a general improvement of livelihoods. Jobs will be created for seafarers, especially those from developing countries like Kenya. Employment will also be created in the maritime support services providers; this will in turn translate to an increase in foreign exchange remittances. Noting that the maritime industry falls under the transport sector of any state, there will be a direct impact on local communities and economies including shore-based workers. Maritime administrations should consistently strive to improve their regulatory procedures and be prepared to adopt those procedures to changing regulatory compliance requirements. They should ensure that regulations are not burdensome so that their impact would be to increase the cost of shipping and consequently of consumer goods. This can be achieved through enduring that they carry our regulatory impact assessment on any regulations they adopt to ensure that the same are in the public interest and would not be detrimental to growth and prosperity of the civil society as a whole. 4.4 TRADE FACILITATION Maritime administrations play a key role in regulating the maritime logistics chain. In this regard they should ensure that industry standards and guidelines that they adopt does not compromise the efficiency of the players in the logistics supply chain to ensure that regulation does not slow down movement of goods in their territories and those who depend on multimodal transportation systems within the their territories. 4.5 TRAINING OF SEAFARERS AND MARITIME TRAINING Technological developments today are swift and dynamic. This means that electronic systems and consequently managements systems are also prone to progressive changes. This means that seafarer s training should be progressive to adapt their functions to changes in ship systems and equipment. Ship safety is one the key indicators that ensure the prevention of pollution from ships. Seafarer training should thus incorporate safety and 6

7 environmental awareness as a priority. In this regard, maritime administration must adopt accreditation guidelines, rules and procedure that are geared to achieving this objective. The continuous, global development of the maritime industry also depends on nonseagoing maritime professional who must also be trained and educated. Maritime administration may adopt policies that provide for collaboration with relevant actors like port authorities and ship building companies to set up funds or scholarships for employees intending to pursue careers like maritime law, naval architecture and naval architecture. 4.6 ENERGY EFFICIENCY AND SHIP-PORT EFFICIENCY New ports opening up to serve newly emerging markets, provide an excellent opportunity to streamline activities within the maritime transportation system and to coordinate between stakeholders in order to avoid unnecessary delays in clearing ships, cargoes, crews and passengers. The bulk of the administrative requirements associated with the maritime transportation system, such as customs clearance etc. occur at the most critical points of a ship s voyage, demanding the attention of the master and crew when they should be least distracted. The maritime Transportation System should be efficiency beyond the ship, addressing the ship-shore interface through streamlining and standardization of the documentation for both the delivery and the reception of cargo, improving coordination and promoting the use of electronic systems for clearance of ships, cargoes, crews and passengers. Maritime administrations should, in their regulatory capacity engage the relevant stakeholders to adopt industry guidelines, standards and performance indicators that efficiency at every stage of the maritime transport logistics chain as well as the maritime support services providers. 4.7 MARITIME SECURITY In the last decade the maritime industry has faced increased threats as a result of increased maritime piracy, terrorism and armed robbery. Security threats affect the predictability of trade flows and lead to an increase of shipping costs resulting from, inter alia, increased marine insurance premiums and consequently freight. As more ports emerge, these threats may increase or change. For the maritime transportation system to be sustainable, seafarers, ships and shipping lanes must be protected by the communities that rely on them and benefit from sea trade. Protection measures must respond to the threats posed to sea 7

8 trade and to the ships and the seafarers in its service. In this regard, maritime administration should spearhead the adoption of maritime security strategies, policies and regulations that are aimed to minimize maritime security threats in their territory. In this regard, IMO instruments like the ISPS code must be implemented by ship owners and port facilities owners in IMO Member States. In addition maritime administration must adopt regulations to govern maritime security in non-convention ships and port facilities. Further maritime administrations should collaborate with the relevant security agencies in their jurisdiction for effective implementation and enforcement of the adopted policies, strategies and regulations on maritime security. 4.8 TECHNICAL COOPERATION Most IMO state Parties being developing nations may not have the financial and technical capacity necessary to ensure the effective implementation of IMOs commitments for ensuring the adoption of a sustainable maritime transportation system. On the other hand, developed nations are endowed with these capacities. IMO s system is anchored on a strong technical cooperation program based on bilateral and multilateral cooperation. To ensure a sustainable maritime transportation system, new and sustainable funding sources and partnerships for technical co-operation should be developed, to enhance existing programmes of technical assistance and to meet future needs, both for ship- and shorebased functions in critical areas of activity. 10 Increased coordination of capacity-building activities will be necessary to reduce duplication of efforts, and to ensure that the assistance that is received is not only what is asked for but is also what is needed (the country maritime profile initiated by the SG and the policy development become very timely in this case). Cooperation is also needed to expand the capacity to ensure a proper and functioning maritime administration. This should involve the development of national maritime policies, focusing on competitiveness in the shipping sector of the country concerned. 4.9 NEW TECHNOLOGY AND INNOVATION New ships will be increasingly sophisticated in all aspects of their design, construction and 10 Such as, shipbuilding and repair, port facility development and management, and maritime personnel training. 8

9 operation, while existing ships will be expected to meet ever more stringent efficiency as well as environmental demands. Consequently, this will require them to adapt their operational practices and to comply with new regulatory requirements for retrofitting equipment. Continuing technological advances call for increased sharing of knowledge, experience and know-how in order to maximize the benefits of innovation and new technology for shipping safety and environmental stewardship and thus for the costeffectiveness of the sector. In this regard, maritime administration should develop, in collaboration with the relevant actors, a platform for the facilitation of innovation showcasing new technology and its applications. This will also entail partnerships between maritime administrations with; inter alia, ship builders, classification societies, manufacturers, R&D establishments and academic institutions. Maritime administrations should also engage their governments to ensure that they provide incentives to advance new technology and innovation for the maritime transportation system FINANCE, LIABILITY AND INSURANCE MECHANISMS The shipping industry will continue to face new regulatory requirements due to public expectations (as expressed by Governments through the regulatory process at IMO) as well as its own commitment to safety, efficiency and environmental stewardship. These requirements may entail significant capital investments in the foreseeable future, which will continue through the next generation of ships. In this regard, maritime administrations must therefore campaign for the establishment of a sound and sustainable financing system for construction of new ships or conversion or modification of existing ships in order to meet requirements for safety and the environment. Secondly, the financial consequences of shipping accidents can be considerable for ship owners, cargo interests, ships crews and passengers, as well as for the environment and those whose well-being or livelihood depends on clean seas. Prompt and adequate compensation for legitimate loss or damage suffered is both necessary to sustain sound businesses and expected by civil society. In this regard, maritime administration should ensure the speedy ratification and implementation of IMO regulations governing liability and compensation in the event of maritime incidents to ensure that costs are kept at reasonable levels, while those suffering loss or damage are assured prompt compensation. 9

10 4.11 OCEAN GOVERNANCE The development of world s economies has resulted in a more intensified use of the world s oceans. This poses new challenges in the resolution of competing interests, both of which must be pursued in a manner that ensures that the reallocation of ocean uses must be properly understood and agreed by all concerned, paying attention to relevant harmonized, global standards and ensuring the sustainability of the different uses. To achieve this balance, actors engaged in different uses of the ocean must engage in outreach and coordination in the interests of ocean protection and good ocean governance. With regard to shipping, maritime administration must ensure that they engage with other relevant governance bodies to ensure the harmonization of initiatives to ensure that the effects of any envisaged measures and regulations on the Maritime Transportation System are not detrimental to its sustainability in that it can continue to provide services effectively notwithstanding competing uses of the seas and oceans. 5. MONITORING OF IMPLEMENTATION OF SUSTAINABLE DEVELOPMENT PROGRAMS Chapter 40 of Agenda 21 on Information for Decision Making calls on States and the international community in general to develop measures that will serve as indicators for sustainable development. The World Commission on Environment and Development 11 reiterated this further, by calling for the development of new ways to measure and ascertain this progress. This call definitely has to be aligned with a country s development agenda. In essence, maritime administrations are tasked with ensuring that the dispensation of their duties is in line with the principles stated under Agenda 21 as reiterated in the Rio+20 Conference; while adopting a system to monitor their progress in implementing those measures. State parties to most of the international agreements, treaties, conventions, and protocols resulting from the first Rio conference must align their country's development plans for sustainable development to their obligations under these instruments United Nations General Assembly (1987), Our Common Future. Report of the World Commission on Environment and Development, Published as Annex to General Assembly document A/42/427 - Development and International Co-operation: Environment. 12 The main conventions beingthe Convention on Biological Diversity which is dedicated to promoting sustainable development and was signed by 150 government leaders at the 1992 Rio Earth Summit and was conceived as a practical tool for translating the 10

11 CONCLUSION Maritime administrations must therefore, to achieve the obligations of States in implementing the resolutions of Rio + 20 Conference, adopt administration systems that ensure: 1. The mainstreaming of principles of sustainable development at all levels, integrating economic, social and environmental aspects and recognizing their inter-linkages so as to ensure sustainable development in all dimensions. This will ensure environmental protection, economic growth and social development for the benefit of all; 2. Promotion of sustained and equitable economic growth to ensure job creation for all; 3. Adoption and promotion of integrated and sustainable management of natural resources and ecosystems that supports, inter alia, economic, social and human development while facilitating ecosystem conservation, regeneration and restoration and resilience in the face of new and emerging challenges; 4. That there exists a system for monitoring the progress made by IMO Member States in meeting the performance targets adopted for and geared towards the achievement of the Sustainable Development Goals set out in this paper; and 5. That maritime management models and systems ensure the achievement of IMO s Sustainable Development Goals. In conclusion, it is safe to say that IMO State parties continue to incorporate principles of sustainable development in their maritime management systems especially following on from the United Nations Conference on Sustainable Development held in Rio de Janeiro (Rio+20), held in June last year. This is consistent with the driving force behind efforts by IMO to ensure that the Maritime industry becomes greener and cleaner. 13 NANCY KARIGITHU DIRECTOR-GENERAL-KENYA MARITIME AUTHORITY principles of Agenda 21 into reality; the United Nations Framework on Climate Change (UNFCCC), which entered into force on 21 March 1994, which today has near-universal membership and the Convention on Desertification accessed on 3rd September