IMO’s Support to Maritime and Ports Authorities in Management of Initiatives of Protection of Marine Environment in the

1. IMO’s Support to Maritime and Ports Authorities in Management of Initiatives of Protection of Marine Environment in the PMAESA Region Presented By: - Mr. John Paul Muindi IMO Regional Co-ordinator Eastern and Southern Africa (E&SA)

2. WHAT IS IMO ?

3. IMO – the International Maritime Organization

4. IMO: safe, secure and efficient shipping on clean oceans

5. The International Maritime Organization (IMO) is the specialized agency of the United Nations with the responsibility for safety and security at sea and the prevention of marine pollution from ships.

6. Established by means of a convention Adopted in 1948, IMO first met in 1959 and is the only United Nations agency With its headquarters in London.

7. Over the years IMO has adopted some 40 Conventions and Protocols and numerous Codes and recommendations relating to safety, pollution prevention,security measures, liability and compensation issues and Facilitation of international maritime traffic.

8. IMO is a technical organization and most of its work is carried out in a number of committees and sub-committees overseen by the council and assembly.

9. All the committees and sub-committees of IMO are open to participation by all Members Governments on an equal basis.

10. IMO Support to Maritime and Ports Authorities • IMO has been collaborating with PMAESA since 1992 • Collaboration initiated when the Strategy and action plan for the Protection of Marine Environment of the Eastern and Southern Africa (SPMEESA) was developed. • The strategy was developed following a needs assessment for marine environment protection in the Coastal States of E&SA • SPMEESA was adopted by the 18th Council meeting of PMAESA in 1992 and reviewed in 2002

11. Rationale for the Strategy and Action Plan • The basis for the strategy and the action plan is: • combination of a regional sea which is a fragile ecosystem in need of protection, on one hand, and the powerful intervention of man’s activities through shipping traffic and oil and gas exploration, on the other hand, which pose some risk to that ecosystem. • Oil pollution which remains an ever-present threat to the marine environment of the E &SA region

12. Rationale for the Strategy and Action Plan • It focuses on: • The development of national systems for pollution preparedness and response; • The enhancement of regional co-operation especially through the development of a regional framework for co-operation; • The prevention of marine pollution from dumping at sea; and • The effective and global implementation of the global maritime safety and marine environment protection related global conventions

13. Goal of the SPMEESA • The overall goal of the regional strategy is to maintain, protect and enhance the quality of the marine environment of the Eastern and Southern Africa Region

14. Objectives of the SPMEESA • Operational discharges from shipping activities within the region are minimized, if not eliminated and are regulated by the appropriate international conventions (MARPOL 73/78) and the Jeddah and Nairobi Conventions and their related protocols). • All countries and territories of the region develop and practice effective marine Pollution emergency response plans and capabilities in accordance with the Requirement of the OPRC 1990 and the OPRC-HNS Protocol, 2000.

15. Objectives of the SPMEESA • Marine pollution from dumping at sea is prevented mainly through the Implementation of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC), 1972 as amended (LC1992) • The provisions of other relevant instruments are implemented, including the set of regulations covering inland waterways vessels and non-convention craft, including fishing vessels operating in Africa.

16. Strategy Elements for the SPMEESA Following programme elements were identified as of highest priority when the strategy was developed.

17. 1. Prevention of Pollution from Shipping Activities-Implementation of MARPOL 73/78 • the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. It is a combination of two treaties adopted in 1973 and 1978 respectively and updated by amendments through the years.

18. 2. Port State Control • Port State Control is a major tool in the prevention of pollution of the marine environment and in preventing marine accidents. • IMO and PMAESA have continued to support the national maritime administrations in their Port State Control programmes and the training of their surveyors and inspectors. • There are seven regional memorandum’s on Port State Control throughout the world and the Indian Ocean Memorandum on Port State Control (IOMOU) is the relevant one applicable to E&SA. However, some countries such as South Africa, Angola and Namibia also belong to the Abuja MoU.

19. 3. Marine Pollution Preparedness and Response • This element attempts to demonstrate the singular characteristics of the E &SA marine environment and the threat to which it is exposed from international shipping, especially large tankers, and the existing and future exploration of oil and gas reserves in the region. • Activities for this element focus on • Training • Assistance in developing the national systems for oil spill response (institutional capacity building); • Assistance in implementation of the relevant IMO and other global Conventions in dealing with marine pollution matters.

20. 4. Waste Management • MARPOL 73/78 provides the international framework on how pollution from ships should be regulated and therefore, an integrated method of reducing pollution from ships and shipping activities should address the following issues;

21. 4. Waste Management • Building capacity for dealing with waste management (including technical training); • Emergency/contingency/disaster management; • Regional discharge standards (development of waste discharge guidelines); • Regional waste management policy; • International conventions (specifically the benefits that can be derived by ratifying them); • Sensitisation of policy- or decision-makers and public education; • Offshore activities; • Waste disposal investment programme; • Management of used oil; and • Funding options for dealing with pollution and waste management.

22. 5. Baseline Information, Pollution Problem Identification and Assessment • Only 3 countries in the region namely, Kenya, Mauritius and South Africa have environmental sensitivity maps. • The IMO/UNEP initiative to develop the same for Mozambique and Tanzania is still unaccomplished • As a marine pollution prevention strategy, the preparation of environmental sensitivity maps need to receive high priority in the rest of the member countries.

23. 6. Ballast water management -IMO guidelines for the control and management of ships’ ballast water • Most nations agree that the most effective actions to minimize the negative effects of ballast water transfer will come from a coordinated, cooperative global approach. In response to this need for uniform action, the IMO, in 1993 adopted Assembly resolution A. 774(18) heavily based on the exchange of ballast water at sea.

24. 7. Support Services for the SPMEESA • IMO has continued to provide support services through the E & SA regional presence office. • Significant emphasis are placed on awareness building to ensure that not only the relevant authorities in the region understand the complex issues related to protection of the marine environment, but also other players like doc workers, fishermen, shipping company officials, mass media as well a s the general public.

25. New Initiatives Since the adoption of the SPMEESA in 1999 and its revision in 2002, a number of initiatives have come into existence: • The AU partnership for Africa’s Development (NEPAD) Programme • World Bank/GEF West Indian Ocean Marine Electronic Highway project • The African Maritime Transport Charter

26. THE AFRICAN UNION (AU) MARITIME TRANSPORT CHARTHER

27. About The AU Maritime Transport Charter • Adopted during the second AU conference of Ministers responsible for marine transport held in Durban, South Africa, in October 2009. • Falls within the scope of the international law encompassing maritime transport and related activities in the coastal, inland waters, territorial seas and related activities in landlocked member States.

28. Objective of the Charter • To declare, articulate and implement harmonized maritime transport policies capable of promoting sustained growth and development of African merchant fleets, maritime infrastructure, protection of shippers interests, facilitation of transit transport, protection of the continent from maritime safety, security threats, and to foster closer cooperation among the member States of the same region and between the regions.

29. Specific Objectives • Declare, articulate and implement harmonised maritime transport policies capable of promoting sustained growth and development of African Merchant fleets and to foster cooperation among the Member States of the same region and between the regions. • Facilitate and encourage regular consultations for determining Africa common positions on issues of international maritime policy and to define, for each given problem, concerted solutions • Promote effective implementation of international maritime instruments to which Member States are parties.

30. Specific Objectives • Promote bilateral and multilateral cooperation among the maritime administrations of Member States, and their respective operational organisations in the field of maritime and inland water ways transport and port activities. • Promote the funding, undertaking of research studies by national institutions that encourage the promotion and development of cooperation in maritime and inland waterways transport and port operations among states and regions. • Encourage the establishment and support of maritime and ports administrations.

31. Specific Objectives • Encourage the establishment of shippers’ councils and support them in the performance of their functions. • Promote the establishment of national and regional shipping lines and provide them the assistance necessary for their success. • Develop and promote mutual assistance and cooperation between Member States in the area of maritime safety, security and protection of the marine environment.

32. Specific Objectives • Promote the sharing of best practices among Member States in the overall management and operations of Maritime administrations and other maritime entities established in the terms of the charter. • Promote the provision of maritime education and training at all levels including Secondary schools. • Promote the employment of seafarers, decent working conditions and training of seafarers.

33. Specific Objectives • Promote development of multimodal transport and integration of all modes of transport.

34. Articles contained in the charter • The charter contains 52 articles in total • Articles 22 and 28 lay emphasis on ports authorities and protection of marine environment • Article 22 – Reform of Port Services – Members States undertake to cooperate towards the reform and efficiency of Port Services and promotion of competitiveness of Africa ports

35. Articles contained in the charter • Article 28 – Protection and preservation of the Marine Environment • Member States shall seek to intensify their efforts at, regional and international levels, directly or with the support of competent regional and international organizations, to ensure the protection and preservation of the marine environment.

36. Articles contained in the charter • promote, either individually or in regional cooperation, develop contingency plan and other measures aimed at preventing and combating pollution incidents arising from marine transport. • commit themselves to the creation of a sustainable compensation regime to cover marine incidents of pollution of the Sea that are not covered by existing international compensation regimes. • implement a common policy aimed at preventing and combating marine pollution from ships and other sources of pollution

37. Conclusion and Recommendation • With the adoption of the charter, the UN system has called upon the UN agencies operating in Africa, Regional Economic Commissions (RECs) and organizations like PMAESA to program their activities in line with the charter’s priorities and objectives • SPMEESA needs to be revised to reflect the provisions of the AU Maritime Transport Charter as this will • make it easier for SPMEESA to be funded along with other AU-NEPAD programmes • Also reduce duplication

38. THANK YOU