Contents

Contents
Resolution‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

1

Variety of Pictures from the Network Meeting‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

5

Time Schedule‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

11

Opening Session‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

17

1. Opening Remarks‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

19(Eisuke Kudo, Special Adviser, OPRF)
2. Welcome Speech‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

21(Nana Esi Quansah-Soderberg, Ghana 2008)
Expansion of WMU Sasakawa Fellows' Network‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

23

1. Recent Sasakawa Fellows' Activities‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

25

2. Mutual Communication by Internet‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

28

3. Friends of WMU, Japan Newsletter‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

31

4. Expansion of WMU Sasakawa Fellows' Network ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

33

Exchange of Information on Maritime Affairs‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

35

1. Maritime Education & Training● Training, Recruiting Seafarers And
Upgrading Traditional Fishing Methods in Liberia‥ ‥‥‥‥‥‥

37(Amos Lasannah ZANWONJAH, Liberia 2000)● Career Related Maritime Issues‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

40(Yassin Magongo SONGORO, Tanzania 2000)(Tumaini Shabani GURUMO, Tanzania 2007)
2. Piracy & Law Enforcement● Piracy and Armed Robbery Against Ships On Waters Under National Jurisdiction‥‥‥42(Lazare Aké ABE, Cote d’lvoire 2009)● Piracy in West Africa -A close look at Ghana-‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

49(Nana Esi QUANSAH-SÖDERBERG, Ghana 2008)● Tanzania Peoples Defence Forces‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥(Hassan Mrisho KHERI, Tanzania 2008)57

Contents● The future and West African Maritime Safety Agency (WAMSA)‥‥‥‥‥‥‥‥‥‥‥

63(Geoffrey Gurumyen SEMNOE, Nigeria 2011)
3. Maritime Environment● Garbage Management in Cameroon
A Potential Contributor to A Garbage Patch in The Atlantic Ocean (Talking Paper)‥‥‥‥‥‥‥‥

66(Jenette Tifuh MUJINGNI CHO, Cameroon 2012)● Environmental Impact of Maritime Activities in Nigeria : Measures and Challenges‥‥

74(Jack Okon SHOWELL, Nigeria 2004)
4. Transport & Logistics● Kenya Ferry Services Limited‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

80(Musa Hassan Musa, Kenya 2000)● Development Ofinland Water Transport in Malawi (Talking Paper)‥‥‥‥‥‥‥‥‥‥

84(Joseph Sheketeni BANDA, Malawi 2012)● Cabotage Its Implications and Potentials‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

89(Catherine HAIZEL, Ghana 2002)
5. Ports & Maritime Industries● Exchange of Information on Maritime Affairs - Madagascar‥‥‥‥‥‥‥‥‥‥‥‥‥

92(Jean Edmond RANDRIANANTENAINA, Madagascar 2010)● Dar Es Salaam Port‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥

97(Stella Joshua KATONDO, Tanzania 2001)● Kenya Maritime Industrycountry Report‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 102(Kennedy KISHAWI, Kenya 2001)(Stephen Mwamure TOYA, Kenya 2002)(Samwel Kipkosgei KIPTOO, Kenya 2003)(Elsie Nyabonyi BIKONDO, Kenya 2012)● Current Situation of Sea Transport in Ethiopia‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 112(Feseha Andualem GETU, Ethiopia 2007)
Special Lectures‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 115
1. Fundamental Problem in MET Field(Prof. Toshio Hikima, Rector, Professor. Marine Technical College, Kobe)
2. IMO Perspective on Maritime Security & Djibouti Code of Conduct(Mr. Osamu Marumoto, Project Officer (Operation & Capacity Building), Counter-Piracy
Project Implementation Unit, Office of the Secretary-General International Maritime
Organization (IMO))

Contents

Field Study Tour (Tema Port)‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 129
Report on the Field Study Tour (Port of Tema)(Nana Esi Quansah-Soderberg, Ghana 2008)
WMU & SAFE Joint Meeting‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 147
1. Analysis of the Legal Aspect of Maritime Piracy and Armed Robbery Against Ships - The Caseof Madagascar - (Jean Edmond RANDRIANANTENAINA, Madagascar 2010)
2. My Professional Life before, during and after Graduation from the WMU and the “Sasakawa
Connection”(Dallas Eric LARYEA, Ghana 2011),
Closing Session‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 179
Closing Remarks (Eisuke Kudo, Special Adviser, OPRF)Country Report‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 183
1. Cameroon‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 185
2. Cote d'Ivoire‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 187
3. Ethiopia‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 193
4. Ghana‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 195
5. Kenya‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 200
6. Liberia‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 205
7. Madagascar‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 211
8. Malawi‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 221
9. Nigeria Ⅰ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 225
10. Nigeria Ⅱ‥ ‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 228
11. Tanzania‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 231
List of Participants‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥‥ 244

Resolution
WMU SASAKAWA FELLOWS' NETWORK MEETING IN THE AFRICAN REGION

Resolution

RESOLUTION
We, the participants of the WMU Sasakawa Fellows' Network Meeting of the African Region
held in Accra, Ghana from 4th to 11th November 2013.
Whereas the African Fellows have been dormant with minimal communication andinteraction, RECOGNISING the need to create WMU Sasakawa Fellows' Network in the
African Region for the purpose of establishing and maintaining a constant link among Country
and Regional Fellows for mutual cooperation and exchange of beneficial information and
CONSIDERING the availability of resources and the maximum utilization of current informationand communication technologies and tools.
DO hereby ADOPT an ACTION PLAN to fulfill the objectives of the WMU Sasakawa
Fellows' Network and its future expansion as follows.
・To enhance the Friends of WMU, Japan Website by making more effective meaning ofcommunication among fellows and for the promotion of Sasakawa Network to benefit themaritime sector;
・To regularly update the Fellows’ List to keep the directory alive and relevant (beneficial),
・To improve the Newsletter of Friends of WMU Japan by regularly contributing articles
touching on current maritime issues and challenges in our regions;・To utilize our respective maritime knowledge, expertise and experience, individually as wellas collectively, for the development of African maritime sector;
・To establish Country Focal Points who shall form the executive to administer a Regional
Secretariat to monitor, communicate and sustain future activities for expansion of the
Sasakawa Fellows' Network. They shall also spearhead regional meetings to be held every
three years commencing in 2015; andRESOLVE to cooperate actively in the implementation of this Action Plan within the African
Region as undersigned;
Name

Signature

Nana Esi Soderberg (GHANA)
Stephen Mwamure Toya (KENYA)
Felicity Ankoma - Sey (GHANA)
Cho Mujingni Jenette Tifuh (CAMEROON)

3

Resolution

Yusuf Mohammad Bala (NIGERIA)
Randrianantenaina Jean Edmond (MADAGASCAR)
Geoffrey Gurumyen Semnoe (NIGERIA)
Tumaini Shabani Gurumo (TANZANIA)
Stella Joshua Katondo (TANZANIA)
Kennedy Kishawi (KENYA)
Joseph Sheketeni Banda (MALAWI)
Hassan Mrisho Kheri ( TANZANIA)
Jack Okon Showell (NIGERIA)
Dallas Eric Laryea (GHANA)
Alexander Adu-Antwi (GHANA)
Samwel kipkosgei Kiptoo (KENYA)
Musa Hassan Musa (KENYA)
Amos Lasanah Zanwonjah (LIBERIA)
Ake Lazare Abe (COTE D’IVOIRE)
Catherine Haizel (GHANA)
Feseha Andualem Getu (ETHIOPIA)

4

Variety of Pictures
WMU SASAKAWA FELLOWS' NETWORK MEETING IN THE AFRICAN REGION

Variety of Pictures from the Network Meeting

Variety of Pictures from the Network Meeting7

Variety of Pictures from the Network Meeting8

Variety of Pictures from the Network Meeting

9Variety of Pictures from the Network Meeting10Time Schedule
WMU SASAKAWA FELLOWS' NETWORK MEETING IN THE AFRICAN REGIONTime ScheduleTime Schedule
November 4th (Mon) - DAY 1WMU Sasakawa Fellows' Network Meeting
Time

Schedule

Note

17:00 ～ 18:30

Prior meeting among participants(*Every Sasakawa Fellow needs to attend this meeting)Accommodation in Accra:
Novotel Accra City Centre Hotel

18:30 ～ 20:00

Welcome Reception (90 mins)

November 5th (Tue) - DAY 2		
WMU Sasakawa Fellows' Network Meeting
Time

Schedule

8:30 ～ 8:35

Welcome Speech
Ms. Nana Esi QUANSAH-SODERBERG (Class of 2008)(Representative of Ghanian Sasakawa Fellows)

8:35 ～ 8:45

Opening Remarks
Mr. Eisuke Kudo
(Special Advisor, Ocean Policy Research Foundation)

8:45 ～ 9:45

Special Lecture (1) - incl. Questions & Answers
Mr. Toshio Hikima(Principal, Marine Technical College, Japan)

9:45 ～ 10:45

Special Lecture (2) - incl. Questions & Answers
Mr. Osamu Marumoto(Project Officer, Counter-Piracy Project Implementation
Unit, International Maritime Organization (IMO))

10:45 ～ 11:00

Short Break (30 mins)* A Goup Photo Session included

11:00 ～ 12:30

Skull Session
Facilitator - Mr. Toshio Hikima & Mr. Osamu Marumoto

12:30 ～ 14:00

Lunch Break (90 mins)

14:00 ～ 14:30

Agenda 1 :Recent Sasakawa Fellows' Activities in each country(30 mins) Updating Fellows' List & its Utilization

14:30 ～ 15:00

Agenda 2 :Mutual Communication by Internet (30 mins)
Website Utilization

15:00 ～ 15:30

Agenda 3 :Friends of WMU, Japan Newsletter (30 mins)

15:30 ～ 16:00

Agenda 4 :Expansion of the Network (30 mins)

16:00 ～ 18:00

Making Group Reports (Categorized by Agenda)*Short Break included

Note

Dinner13

Time Schedule

November 6th (Wed) - DAY 3WMU Sasakawa Fellows' Network Meeting
Time

Schedule

8:15 ～ 9:00

Registration for SAFE 20th Anniversary Symposium

9:00 ～ 9:05

Welcome, Hon Professor Ruth Oniang'o, Chairpoerson,
SAFE, and Chair of the Symposium

9:05 ～ 9:30

Very Rev Professor S.K Adjepong, former Vice Chancellorof the University of Cape Coast

9:30 ～ 9:43

Video message: former US President, Jimmy Carter

9:43 ～ 10:15

Opening of the Symposium: HE Hohn Dramani Mahama,
President of the Republic of Ghana, who also launches"Setting the Grassroots on Fire", the story of Sasakawa
in Ghana

10:15 ～ 10:35

Coffee and tea break

10:35 ～ 10:55

Dr Deola Naibakelao, managing Director, SAFE

10:55 ～ 11:15

Hon Clement Kofi Humado MP, Minister of Food andAgriculture, Ghana

11:15 ～ 11:45

Keynote address: HE Dr Akinwumi Adesina, Minister ofAgriculture and Rural Development, Federal Republic of
Nigeria

11:45 ～ 11:55

Chairperson concludes morning session

11:55

End of Morning Session

12:45 ～

Buses to Cape Coast/ Lunch boxes

Note

SEP visits (3 SEP visits to different projects) 2 hours.
18:30 ～

Arrive at hotel: Coconut Grove

19:30 ～

Dinner at Coconut grove Hotel

Accommodation in Cape Coast:
Coconut Grove Beach Report

November 7th (Thu) - DAY 4
Alumni Meeting among WMU Graduates and SAFE Graduates - Cape Coast, Ghana:Time

Schedule

10:00 ～ 10:05

Opening Remarks by Dr. Deola Naibakelao, Managing
Direcgtor, SAFE

10:05 ～ 10:15

Words from the Representatives of WMU Alumni &SAFE Student

10:15 ～ 10:35

Ceremony of the Presentation of Commemorative Giftfrom UCC to Mr. Sasakawa (20 minutes)

10:35 ～ 10:50

Greeting from Mr. Katsuhiro Motoyama, The Nippon
Foundation

14

Note
25 WMU Graduates
15 SAFE Students

Time Schedule

10:50 ～ 11:05

Presentation (WMU graduate)
Mr. Dalls Eric Laryea, Ghana 2011

*including Q&A (15 minutes)

11:05 ～ 11:20

Presentation (WMU graduate)
Mr. Jean Edmond Randrianantenaina, Madagascar 2010

*including Q&A (15 minutes)

11:20 ～ 11:40

Presentation (SAFE student)*including Q&A (20 minutes)

11:40 ～ 11:45

Closing Remarks (Mr. Eisuke Kudo, Special Advisor,
Ocean Policy Research Foundation)

11:45 ～ 12:00

Group Photo Session

12:15 ～ 13:30

Lunch time @ UCC

13:30 ～

Site Visits (Cape Coast Castle, Fort St. Jago, etc)

19:00 ～

Symposium Dinner at Elmina Beach Resort Hotel

November 8th (Fri) - DAY 5
Time

Schedule

8:00 ～ 11:30

Back to Accra

12:00 ～ 13:30

Lunch

13:30 ～ 13:40

Chairperson introduce Presentation speakers

13:40 ～ 15:20

Exchange of Information on the maritime affairs(incl. Q&A)

15:20 ～ 15:40

Short Break (20 mins)

15:40 ～ 17:20

Exchange of Information on the maritime affairs(incl. Q&A)

Note
Bus

5 Presentations × 20mins(100 mins)

5 Presentations × 20mins(100 mins)

DinnerNovember 9th (Sat) - DAY 6
Time

Schedule

8:30 ～ 10:00

Writing up the Discussion Report in each Session

10:00 ～ 11:00

Debriefing the Report in each Session

11:00 ～ 11:10

Closing Remarks (Mr. Eisuke Kudo of OPRF)

11:15 ～ 12:30

Lunch Break (75 mins)

13:00 ～ 17:30

Field Study Tour organized by Ghanian Fellows

18:30 ～ 20:00

Farewell Reception

Note

Tema Port Tour

November 10th (Sun) - DAY 7
Time

Schedule

Note

Departure (all the participants)

15

Opening Session
WMU SASAKAWA FELLOWS' NETWORK MEETING IN THE AFRICAN REGION

Opening Session

Opening Remarks
Eisuke Kudo
Special Adviser, OPRF
Dear Sasakawa Fellows, it is a great pleasure for me to share the joy of holding this network
meeting with you, and thank you very much for coming to the meeting today.
I would also like to express my warmest gratitude to Prof. Hikima of Marine TechnicalCollege in Kobe and Mr. Marumoto from IMO for taking time out of your busy schedule.
My gratitude will be extended to the organizations that you belong to and to your superiors
for allowing you to join this meeting. Now that you have been well informed of the goal of thismeeting, I will make my opening remarks as briefly as possible.
I am sure that some senior graduates can remember Sasakawa Fellows Meeting held inTokyo in 2001 for the purpose of establishing our network.
Since then, Friends of WMU, Japan secretariat of the OPRF has put our great efforts tomaintain the Sasakawa fellows’ network more effectively, to issue newsletter periodically, printing
Sasakawa Fellows’ Directory every 2 to 3 year, and updating our website frequently.
Besides, we held the Southeast Asian Regional network meeting in Bangkok in 2007 andthe South Asian Regional Meeting in Colombo in 2010 by inviting a limited number of Sasakawa
Fellows.
In order to maintain our network, many Sasakawa Fellows have written letters to Mr.
Sasakawa and also have contributed articles very positively to our newsletter in order to informtheir present activities and their latest personal lives. And these good faith always pleases Mr.
Sasakawa and OPRF staff members.
Prof. Hikima, as chairman of editorial board for newsletter and Mr. Ichikawa, as actual
correspondent to all the fellows, more than 500 Sasakawa Fellows are now in one circle and thesecretariat is located in the center of this network. But I myself have not found out the answer tothe proposition “what is our network”.
Our network is basically for our individuals, but sometime this network is very useful foryour organization as well.
My present comprehension of our network is unselfish solidarity. I am sure that you learnt
it is very important but very difficult to understand others beyond their nationalities, culturesand political situations.

19Opening Session

We must have a dispute sometimes in international conference or meeting because ofcarrying their country’s instructions, however, their controversies will never become invented toany hate.
Now I would like you to remember late Mr. Ryoichi Sasakawa’s motto, “The world is one
family and all humankind are brothers and sisters”
I am closing my remark by saying, wishing you all reconfirming what is our network, howshall it be. This meeting will include reports of the activities of African Sasakawa Fellows, anexchange of information on maritime affairs and discussion on how the network should evolve
into the future.
Finally, let me wish you all on behalf of The Nippon Foundation and OPRF, the very best of
your health and a life filled with happiness. Thank you for your attention.

20

Opening Session

Welcome Message
Nana Esi QUANSAH-SODERBERG(Ghana, 2008)
Good Morning and welcome to the first Sasakawa African Fellowship networking conference.
It’s a pleasure to see you all here today.
Networks are the building blocks of commerce today and the linkages that make our world asmaller and more accessible place.
The Sasakawa foundation has enabled us to enhance and develop ourselves in our respective
fields of expertize and in our various countries, in addition it has given us the gift of invaluable
national, regional and international networks.
Just think of the implications - in almost every sub-region on this continent we have acontact person and it doesn’t finish there - in every continent of this world we have friends that
we can trust.
The Sasakawa Foundation has done its part, the question now arises, as Sasakawa fellows,
what are we going to do with this gift; ungratefully let it die? Or thankfully run with it, nurture it
and use it to develop ourselves, our countries, our regions and our world.
This networking conference is our call to rise, our call to hold on, to build and to develop thegift that has been given to us in the form of this Sasakawa network and fellowship.
I believe all of us gathered here understand the value of blessings and gifts, as know the
obligation that we have to make use of these gifts efficiently. Therefore I believe we will all rise to
the challenge to make our network being a successful one.
On behalf of all the Ghanaian fellows I welcome you once more to Ghana. Thank You!

21

Expansion of
WMU Sasakawa Fellows' Network
WMU SASAKAWA FELLOWS' NETWORK MEETING IN THE AFRICAN REGION
Agenda 1 : Questionaire (Fellows' Activities)
Agenda 2 : Discussion Report on Mutual Communication Via
The Internet (Mutual Communication by Internet)
Agenda 3 : Friends of WMU, Japan Newsletter
Agenda 4 : Expansion of The Sasakawa Network

Expansion of WMU Sasakawa Fellows' Network

Agenda 1 : Questionnaire (Fellows' Activities)
Ms. Felicity Aba Ankoma-Sey (Ghana 2001)
Ms. Catherine HAIZEL (Ghana 2002)
Mr. Samwel Kipkosgei KIPTOO (Kenya 2003)
Ms. Tumaini Shabani GURUMO (Tanzania 2007)
Mr. Hassan Mrisho KHERI (Tanzania 2008)
1-1. Recent Sasakawa Fellows’ Activities in Respective Countries
1. How many WMU graduates are there in your organization?
Varied, from 1 - 25
2. Show in the organizational chart of your organization, the department you belong to. (youmay draw this on an attached sheet if space is insufficient).
Varied, but mostly maritime related
Department of Maritime Affairs and Inland Waterways
Marine Transport Secretariat
Nautical Science Department
Maritime Transport Administration
Engineering Services, Port Authority
Motor Vehicle Division of Port Authority
Ports
General Directorate of Port and Maritime Affairs
Ports - Technical Division
TZ Naval HQTR-AJAG/NC
Ethiopian Shipping & Logistics Enterprise, Ministry of Transport
Department of Biological Oceanography, institute of Oceanography, Calabar
Kenya Ferry Services, Ministry of Transport
3. What are your main activities in your department?
Some of activities of fellows:
Protection of maritime enviroment, rivers and lakes
Legal drafting, legal research, analyzing bills and memos
Lecture, develop curriculum, supervise/assess students project work, conduct examinations
Acting advisor to Director General on maritime issues
Research and consultancy
General maintenance of vessels, administration of dry-dock workforce
Safety, training, administration, Ports regulation
Supervising port operations of loading and discharging
Legal advisor, project management, administration
Coordinate technical cooperation capacity building in W&C Africa, Anglophone
Monitor vessels’ arrival and departure, seaworthiness/safety25Expansion of WMU Sasakawa Fellows' Network

All maritime law related issues, maritime contracts and consultancy
Manage company’s overall activities
Manage the government agency
4. Do you have a WMU alumni association in your country or organization?
Yes/no/yes, but dormant
5. If your answer to (4) is in the affirmative have you ever had a WMU alumni meeting inyour country or in your organization?
No/yes/yes but informal
6. Since you graduated from WMU, have you had any opportunities to participate in theInternational (or regional) Conference or symposium?
Few yes/mostly no
7. Were these meetings maritime related?
Yes
8. Have you had the opportunity to attend an IMO meeting?
Few yes
9. What is the procedure for selection of a fellowship candidate in your organization?
Self effort/application by potential student through departmental head/no clear cut policy
selection procedure but must apply through sector ministry after Fellows declaration of interestin pursuing studies, Outcome at Minister’s discretion.
Application to sector ministry, but selection based on academic qualification and English
proficiency results.
Depends on the staff development list, qualification and need for particular expertise
Application through HRD
10. Who is the current country Focal Point? After this meeting do you intend to change the
Focal Point in your country?
Cameroun - Jenette Cho Mujingni :- No intention to change; no standard procedure
Ghana - Dallas Eric Laryea :- Considering change after meeting; no standard procedure
Cote d’Ivoire - Abe Ake Lazare, only Fellow
Tanzania - Tumaini Gurumo; No intention to change
Kenya - Musah Hassan Musah chosen at meeting
Madagascar - Jean Edmond Randnanantenaina; only fellow
Ethiopia - Feseha Andualem Getu
Malawi - Joseph Banda
Nigeria - Yusuf Bala
Liberia - Amos Zanwonjah
11. Do you intend to have a standardized procedure for change of Focal Point in your country
and how is this going to be carried out?
Yes, and when numbers increase, not yet decided
1-2. Updating Fellows’ List & its Utilization
12. What is your preferred mode of receipt of the Sasakawa fellows newsletter, hardcopy orfrom Fellows’ website?
26

Expansion of WMU Sasakawa Fellows' Network

Hardcopy/website
13. What is the most effective way to gain the latest personal information on each Sasakawa
Fellow such change of address or status in organization?
Fellows website and/or hardcopy/group email/facebook
14. Have you received “Sasakawa Fellows’ Directory”?
mostly yes
15. Did you use it often?
Yes, when needed
16. Is it really useful?
Yes
17. What suggestions do you have to make towards the effective utilization of directory?
Frequent updates, maybe after every graduation to include new fellows and when change instatus, professional/personal
More information about self on site so can know each other better
Need to know people personally through social gatherings such as these, makes for good
networking

27

Expansion of WMU Sasakawa Fellows' Network

Agenda 2 : Discussion Report on Mutual Communication
Via The Internet (Mutual Communication by Internet)
Prepared by : Kennedy Kishawi (KENYA 2001)
StephenMwamureToya(KENYA 2002)
Nana EsiSoderberg (GHANA 2008)
Geoffrey GurumyenSemnoe (NIGERIA 2011)
Alexander Adu-Antwi (GHANA 2012)
MUTUAL COMMUNICATION BY INTERNET
The focus of the discussions was on the availability and access to information technology inAfrica, and how to use this to nurture and promote the network.
Discussions comprised the following:
Current situation of personal computer use in office or home
Internet accessibility is widespread across Africa in varying degrees. There are various
service providers to choose from. Some cut across countries like Vodafone, MTN,GLO while others
are only peculiar to certain countries like Safaricom, Etisalat. All corporate organizations of theAfrican fellows have provided staff with computers i.e. desktops, laptops and phones to facilitate
their corporate activities.
The Africaresearch library published statistics on internet users for the 2nd quarter of 2012
this included the following:
Internet %of Africa

Facebook Usage
31st December
2012

4.4

0.6

n/a

3,568,757

14.1

2.1

1,630,420

100,000

356,300

5.1

0.2

11,72046,912,768

115,000

5,629,532

12.0

3.4

705,460

Nigeria

170,123,740

200,000

48,366,179

28.4

28.9

6,630,200

Cameroon

20,129,879

20,0001,006,494

5.0

0.6

562,480

Ethiopia

87,302,819

10,000960,3311.1

0.6

902,440Madagascar

22,005,222

30,000418,0991.9

0.2

282,880

Malawi15,323,044

15,000716,400

4.4

0.4

203,840

Kenya

43,013,341

200,000

12,043,735

28.0

7.2

2.045,900

Liberia

3,887,556

500,000

116,637

3.0

0.1

n/a

1,073,380,925

4,514,400

167,335,676

16.0

100.0

51,612,460

Internet Users Internet Users Penetration %th
Decembr 2000 30 June 2012 of Population

Country

Population

Cote Divoire

21,952,093

40,000968,000

Ghana

25,292,390

30,000Togo

6,961,049

Tanzania

Africa Total

28

Expansion of WMU Sasakawa Fellows' Network

Almost all corporate organizations of the African fellows present at the conference hadprovided staff with computers i.e. desktops, laptops and phones to facilitate their corporate
activities. All fellows also had personal or home access to internet via a combination of desktop,
laptops and phones. With the exception of one fellow all personal i.e. home use were funded by
the individuals to the degrees listed below:

CountryWork / Cost

Ghana 2

Desktop/
laptop/corporate

Cote d’ivoire

Desktop

Kenya

SharedDesktop/
Personal
Laptops/
corporate

Home

DesktopInternet Cost
per Month
100 USD

Limitations

Unlimited And
Corporate
Main one / Vodafone
restricted
during the day

20 USD
LaptopandPhonesIpad

Internet Service
ProviderPercentage
of salary
6.8%

Mtn orange

3.0%

60 USD

By traffic for
Limited andUnlimitedwirelessconnectivity

Orange/safaricom/
Airtel/Yu

5.0%

Varies with
the individual

4.0%

Tanzania

Desktop

Laptop

20 USD

Restricted at
office /unlimited
outside office

Ethiopia

Desktop and
LaptopLaptopPhones25 USD

Frequently
interrupted
accessEthiopia
Telecommunications

2.0%

Nigeria

Desktop
LaptopLaptopsand Phones

20 USD

unlimited

Mtngloetisalat

1.5-2.0%

Madagascar

Desktop /LaptopLaptop

60 USD

Orange, idma,
airtel, blueline

15.0%

USE OF SOCIAL NETWORKThe consensus is that social network would help fellows to communicate and share
information quickly and in a cost effective way and thus build the African fellows network andpromote the Sasakawa and OPRF foundation. Thediscussed benefits of the social networking
platforms include :・The high number of users
・The ability to communicate in real-time
・The user friendly and easy way to upload data audio and video files
・Ability to generate quick support for causes.
Recommended media platformsincluded Facebook, OPRF platform, LinkedIn and Whatsapp
Noted Limitations of using the social networking platform to promote fellowship activities
included・Restricted access in some corporate organization
・Technical limitations where certain platforms could not be accessed on certain devices.
・Interruption in internet services in very few cases

29

Expansion of WMU Sasakawa Fellows' Network

Based on the limitations above the following were resolved:
・To use the OPRF platform to interact with other African and international fellows
・ To assess the possibilities of creating a facebook page linked to the OPRF platform for
fellows to interact and communicate, since this is the most widespread platform・To start a thread on linked for more corporate activities and professional discussions
・ Subsequently connect on whatsupp via mobile phones to facilitate texting, calling andtransfer of data and video files via mobile phones.
FRIENDS OF WMU JAPAN WEBSITE
The fellows agreed that the Friends of WMU is a meaning of updating fellows on theactivities and achievements of other fellows and also on current developments in the maritime
sector. Access of the website can be used to promote the network based on the following:・Fellows are required to update their personal information with relevant changes
・Fellows will be required to contribute more in terms of articles
・ Fellows who have forgotten their usernames and password should send an email to thecoordinator Shinichi Ichikawa for a reminder.
PROPORTION OF SMARTPHONE USAGE
In Africa 76% of African business professionals use smartphones (African business panel,
November 2013) however it is difficult to evaluate the proportion of smartphones use by thegeneral populace since there isn’t much data on the subject. However, we can estimate between 40
and 60 percent of the population in the respective countries use these while general phone usage
on the other hand is very high. Though the focus is on how it aids work an observation was alsothat Smartphones seem to be more used by young people, mainly students and middle aged thanold people.
Over 70% of the fellows present were on smartphones.
CONCLUSION
All fellows agreed that Information technology is a quick and efficient way to communicate;
network and get things done and if used well will enable the Africanfellows’ network to growsustainably. All fellows are required to make an effort to update and communicate both sociallyand professionally with colleagues via the chosen media, especially the friends of WMU Japan
website and Facebook. This we believe will develop the network and our region as well, as afoundation to further strengthening the international networks.

30

Expansion of WMU Sasakawa Fellows' Network

Agenda 3 : Friends of WMU, Japan Newsletter
Prepared by : Mr Mussa Hassan MUSSA (Kenya 2000)
Ms Stella Joshua KATONDO (Tanzania 2001)
Mr Jack okonSHOWELL (Nigeria 2004)
MrFesehaAndualemGETU( Ethiopia 2007)
1) Does every Fellow in your country receive the Newsletter every three months ?
Most of the Fellows attending the Network Meeting responded positively to this questionthat everybody is receiving soft copy and hard copy with the exception of two members whom
their records have now been adjusted.
Action taken : We are advising fellows to continuously update their contact informationelectronically to the OPRF Secretariat.
2) What kind of articles is interesting for you?
Responds to this question varied, as listed below :・Contribution from a fellow known to the reader
・Socialissues ; Humor, Updated information as regard family matters etc.
・His Excellency Sasakawa’sactivities
・Recent development in maritime affairs
・Ship Construction
・Port Improvement
・Current / New Maritime events
・Current Maritime Engineering aspects
・ICT utilization in Maritime Industry
・New development in Piracy
・Maritime accidents
・The Sasakawa Network meeting in Nov. 2013
・Seafarers Issues
・Ocean Governance・Maritime Security
・Maritime safety
・Environmental Issues✥ We suggest that the Newsletter include items like ; mind teaser, crosswords, logical puzzles inrespect to Maritime matters etc.
3) What if you decide to contribute an article, what topic would you choose?
Answer : Answers in the list above were responses to this question as well.

31

Expansion of WMU Sasakawa Fellows' Network

4) Howto collect contribute articles from Fellows inrespective countries?
Answer : Each individual should send his/her contribution direct to the OPRF Secretariat/
Editorial board5) How to utilize the newsletter for the purpose of promotion of our network? What topic would
you suggest?
Answer : Newsletter can be utilized to announce and report on the various activities fromrespective regions by both Sasakawa fellows and respective institutions in the maritime sector.
6) In March 2015, our 50th issue of Newsletter will be printed. Any suggestions / ideas for thismemorable 50th issue
Most recommended :○ To include Mr. Yohei Sasakawa’s Activities / Contribution to the Maritime World○ To hold the WMU Sasakawa Fellows Africa Regional Network Meeting before theAnniversary date so that to include the event in that issue○ WMU Sasakawa Fellows Dissertation

32

Expansion of WMU Sasakawa Fellows' Network

Agenda 4 : Expansion of The Sasakawa Network
Presented by : Mr. Yusuf Mohammad BALA (Nigeria 2008)
Mr. Amos Lasanna SANWONJAH (Liberia 2000)
Mr. Jean Edmond RANDRIANANTENAINA (Madagascar 2010)
Mr. Stephen Mwamure TOYA (Kenya 2002)
Mr. Dallas Eric LARYEA (Ghana 2011)
Ms Jenette Tifuh MUJINGNI CHO (Cameroon 2012)
Mr. Joseph Sheketeni BANDA (Malawi 2012)
Discussions during the fourth session were based on the expansion of the Sasakawa Africa
Network. The objective was to examine possible ways by which our network could be expandedin the future. The following guiding questions and answers were deliberated and unanimously
agreed on:
1. How often do you contact your classmate/graduates? (Email, phone, letter etc…):
Contact with other classmates was regular during the period immediately after graduation
but the frequency reduced in some cases to not at all and in most cases now only when there is aneed for information to be sorted. To others, contacting a classmate depended on how close they
were while at WMU. However, the class of 2011 and 2012 have an account on Facebook, therefore
are in contact practically daily.
2. How to build up a closer connection with other Fellows (Domestic / Overseas):
The use of Information Technology came up as the best means to build up a closer connection
with other Fellows. Social media such as Facebook, Skype, WhatsApp, etc… were highlighted as
the most common. It was therefore recommended that, there is the need to start building a strong
WMU alumni within each country, with regular meetings and using that platform as a springboard for the larger Sasakawa network.
3. Future scheme for the network activities in each country:
Starting and sustaining a Sasakawa Fellows’ national network within each country
and integrating it with WMU Alumini Association at the national level, organize exchange
programmes and proposing to OPRF a biannual African Sasakawa meeting, were cited as the
future scheme for network activities in each country.
4. What kind of activities should we carry out in order to maintain this Sasakawa Fellows’
Network more effectively?
Activities like the World Maritime Day celebration, seminars or workshops on maritime
issues could be organized by the local network to keep them together. Some Fellows in the region
could also be invited to participate in such activities.

33

Expansion of WMU Sasakawa Fellows' Network

5. Describe the necessity of this Sasakawa Fellows’ Network concretely: utility, benefits, profit,
usefulness and so on.
The network is one of the best things that happened in the lives of Fellows and some of thebenefits that were expressed are professional & personal utility, source of information, connection& network platform, tool for promoting unity etc. Fellows attested that they can visit each other’scountries, be it for work or business and feel at home because of the presence of a Fellow in thatcountry. It was also said that some benefits of the network could be valued in monetary terms
since information procured from a Fellow could be paid for, if the services of a consultant wassorted.
6. How we get involved with retirees, immigrants and overseas residents.
Some ways of getting involved with retirees, immigrants and overseas residents were cited asfollows:-Local network in each country should make an inventory of the above groups of Fellows in theircountries and reintroduce them to the OPRF secretariat.
-The OPRF can identify these Fellows encouraging them to update their contact information both in the Friends of WMU Japan website and the Fellow's directory.
-Information about these Fellows could be sorted from the wider WMU alumni in each country.
-They could also be invited to participate in the local, regional and international network
activities and meetings.
-A Facebook search will be valuable if the person has a Facebook account.
-The IMO regional coordinator for West and Central Africa (Anglophone countries) should use his
position to locate some of these Fellows.
-Fellows may also contact fellows in any country they find themselves either for business,pleasure or immigration reasons.
CONCLUSION:
It is very important for the Sasakawa network to expand worldwide. Fellows are advised
to keep in touch with each other frequently and search for information about all fellows in theirrespective countries who are retired or have migrated to other countries and bring them back into
the network. National networks should be created as well, no matter how many Sasakawa fellows
are present in each country.
Furthermore, in everything we do, we should always bear in mind the words of Mr. Rioyichi
Sasakawa who said “The World is a family and all mankind are brothers and sisters”.

34

Exchange Information on
Maritime Affairs
WMU SASAKAWA FELLOWS' NETWORK MEETING IN THE AFRICAN REGION
・Maritime Education & Training
1. Training, Recruiting Seafarers And Upgrading Traditional
Fishing Methods in Liberia
2. Career Related Maritime Issues
・Piracy & Law Enforcement
1. Piracy and Armed Robbery Against Ships On Waters Under
National Jurisdiction
2. Piracy in West Africa -A close look at Ghana3. Tanzania Peoples Defence Forces
4. The future and West African Maritime Safety Agency (WAMSA)・Maritime Environment
1. Garbage Management in Cameroon
2. Environmental Impact of Maritime Activities in Nigeria :Measures and Challenges
・Transport & Logistics
1. Kenya Ferry Services Limited
2. Development Ofinland Water Transport in Malawi
3. Cabotage Its Implications and Potentials
・Ports & Maritime Industries
1. Exchange of Information on Maritime Affairs - Madagascar
2. Dar Es Salaam Port
3. Kenya Maritime Industrycountry Report
4. Current Situation of Sea Transport in Ethiopia

Maritime Education & Training

Training, Recruiting Seafarers And
Upgrading Traditional Fishing Methods in Liberia
Amos Lasannah ZANWONJAH, Liberia
Introduction
Liberia is the second largest maritime nation in the world. It is found in West Africa,
between Cote D’Ivoire, Sierra Leone, and Guinea. Liberia is home to more than 509 petroleum
tankers, most of which are foreign. Liberia is a fertile country with unlimited mineral resources,
water, forests and a favorable climate for agriculture. Being a country rich in waters, Liberia
heavily relies on maritime resources as a revenue income. The Maritime resources being thebiggest source of income in this country, Liberia has with time developed its infrastructure tohelp conform to the rising demand for transportation of goods. It has also had to keep up with therising competition and has managed to amass more than 1700 vessels registered under its name.
In 2010, Liberia signed into law, theLiberia Maritime Authority Act of 2010 whichsought to bring a new, efficient and dynamic

Liberia

maritime in the world. The transformation of
the Liberia Maritime Authority, opened morebusiness opportunities to the rest of the world
as it restored confidence, trust and faith in
the system. This attracted most of the foreign
tankers and vessels to invest more in Liberia. At
the moment, Liberia is one of the few countries
which have set up an Independent Associationof Ship owners. Liberia, being located in acentral place and connecting almost the wholeof West Africa, it is in a good position to be used
as a gateway to many nearby countries, making
it a portal state. Apart from licensing vessels,
the Liberia Maritime Authority also licenses
the crew and provides certification of ships forsafety. This also makes Liberia one of the top
maritime countries with a minimal number ofIntroduction
Liberia is the second largest maritime
nation in the world. It is found in West
Africa, between Cote d’Ivoire, Sierra
Leone,, and Guinea. Liberia is home tomore than 509 petroleum tankers,
most of which are foreign.
Liberia is a fertile country withunlimited mineral resources, water,
forests and a favorable climate for
agriculture. Being a country rich inwaters, Liberia heavily relies on
maritime resources as a revenue
income.
Theh Maritime resources b
being thehbiggest source of income in thiscountry, Liberia has with timedeveloped its infrastructure to help
conform to the rising demand fortransportation of goods. It has also
had to keep up with the risingcompetitioni i andd has
h managed
d toamass more than 1700 vessels
registered under its name.

sea accidents.
Training and Recruiting Seafarers
Training of seafarers is important for a country like Liberia, because of the increasing
vessels being registered under its name. Hiring qualified personnel is important, because they
are likely to cause few accidents. There are a number of minimum requirements that qualify one
37

Maritime Education & Training

to work as a seafarer. The first requirement is that one has to be 16 years and older to work in
the vessel, and 18 years and older to work in dangerous areas and at night. This helps to limit
child labor and exposing young children to the dangerous waters. One has to identify himself
with the recruiting agency to ascertain his age before being hired. The second requirement isthat one has to be medically and physically fit before being hired. This limits hiring of persons
with disabilities and chronic diseases which cannot allow them to work after being exposed to thedifferent weather seasons. This also gives the hiring company a chance to provide for health andmedical care for its staff. One is supposed to provide a medical check up to the hiring company
for assessment. Lastly, the personnel to be recruited must be trained on the various issues he issupposed to handle. For instance, the crew should be trained on all matters relating to the vessel
since they are in the vessel most of the time. They should be trained on how they should handle
the vessel when the engine fails to start or when the tides are high. After the training, it is betterto certify them so that it is easy to differentiate between the trained one and the one who isnot. After training the seafarers, they need to be recruited by the shipping companies. Different
companies offer different sets of recruitment policies. There should be a contract between the
shipping company and the seafarers. The contract should be valid, legal, clear and enforceable
by law. This means that both the shipping company and the seafarer should agree before signing
the agreement. The seafarer should accept the terms and conditions of the shipping company,
while the shipping company should also accept the conditions of the seafarer. The contract should
also be legally enforceable that the information in the contract is legal and does not contravene
the rule of the land. The amount which the shipping company will pay to the seafarer should bestated and paid in at least a month’s time. This is the reward the shipping company gives theseafarer for the job he has done for that month. If the shipping company does not honor this, theseafarer is allowed by law to sue them.
The seafarer is also entitled to rest hours in a normal day of 24 hours. He should not work
more than 14 hours. This is an advantage to the shipping company since a tired seafarer is prone
to accidents. The seafarer room makes more creative and productive in resting time. The rest
hours cannot be divided into two. In any way, they should be continuous for at least six hours.
The seafarers are also entitled to an annual leave as well as a shore leave. This should not be
exchanged for pay since a seafarer needs to rest from work once in a year as it revives his energy
when he returns. Most seafarers work in different countries which are not their homelands.
Repatriation should be free to the seafarers any time they feel like visiting their resident
countries. At times, ships may be lost or foundered. The seafarers are entitled to unemployment
payments resulting from the loss unless they are directly involved in the loss.
Upgrading Traditional Fishing Methods
Traditional ways of harvesting included the use of trawls, gill nets, hook and line, traps,
pots, trammel nets, shore seine, dip net and others, but they never get the increasing demand forfish. In many instances, for example the gill nets could trap fish that were not old enough for themarket, thus reducing the population and disturbing the ecosystem of the fish. The other formsof fish harvesting like the use of traps also proved beneficial when one was lucky since fish could
38

Maritime Education & Training

not come on that way easily. This has led to the upgrading of the harvesting methods which alsocater for a balanced ecosystem of the fish and also increasing the production of fish. Some of the
upgraded methods include trawling, purse seining and trolling lines.
Conclusion
Liberia is on the countries with thepotential of having the best maritime economy
in the world. Apart from the maritime industry,
it is also capable of becoming the regional

Global OutreachTraining

Liberia

Seafarers

economic powerhouse as it opens West Africa
to the world. This can be best achieved if it

AgricultureI
Fishing
Methods

maintains an efficient, clear and effective
Maritime Authority. Training and recruitment ofseafarers is a aspect key in maritime business.

Ecosystem
Certification
Employment

Besides offering job opportunities to theseafarers, the shipping countries also improveon the services offered since the personnel
employed are qualified. This also reduces theWhat is your next move ?

number of accidents. Fishing is a economic

Networking

activity key to many countries in Africa. Hence,
upgrading of the traditional methods of fishing

Establishing Global

Af iAfricanConnection

will prove worthwhile in improving the qualityof fish harvested and also maintaining abalanced ecosystem.
Thank you!

39

Maritime Education & Training

CAREER RELATED MARITIME ISSUES
Yassin Magongo SONGORO, Tanzania
Tumaini Shabani GURUMO, Tanzania
A. Introduction
I am a lawyer by profession. Currently, I am a lecturer at the Dar es Salaam Maritime
Institute. Maritime law and policy have become my specialty since I graduated at WMU. Ever
since, I have been occupied in research and consultancy in the maritime industry. Therefore, inthis paper I will not confine myself to maritime issues in the academic arena, but I will cut acrossissues related to maritime administration and guiding principles.
B. Major maritime issues
i. Human resource shortage
There is a short of manpower in the maritime industry in general. Starting with , educationand training, Dar es Salaam Maritime Institute (DMI) is the only institution in Tanzania
competent to offer maritime education and training in accordance with internationally accepted
standards. Nevertheless, DMI is in need of significant number of qualified and experienced
manpower to train seafarers and cater for the vast country needs for maritime knowledge.
Maritime industry in Tanzania, if fully developed and better managed, could be themajor contributor to the GDP of the country taking into consideration rich opportunities thatare available in the industry and the strategic location of the country. However, in many areas
there is inadequacy in maritime expertise therefore a little of insignificant research to addressdevelopment of maritime industry. The growing natural gas industry, potentials for oil industry,need to entirely address marine environment issues and issues pertaining to maritime safety
and security are just a few areas that indicate the need for adequately qualified and specialized
maritime personnel.
Equally, there is a need for legal practitioners with special knowledge of maritime industry.
As we are embarking on legal proceeding on maritime security issues, we need judges, magistrates
and attorneys who are well equipped with knowledge of the subject matter for effective dischargeof respective duties.
ii. Gender disparity in the maritime industr y
Apart from the shortage of maritime personnel, the situation is even worse when it comesto gender inequality in the maritime industry. As we are living in a gender conscious era, it is notdifficult to notice the gap between the number of men and women participating in the maritime
industry.
Starting with DMI as a specialized institution for maritime education and training, thenumber of female students is only a pinch of salt in the ocean comparing to the number of malestudents especially in Certificate of Competency (CoC) courses. This can be evidenced in the
SUMATRA list of Tanzania CoC holders where there are five (5) female officers only comparing toover 800 male 0fficers. The same trend applies to lecturers at the Institution.
40

Maritime Education & Training

Outside training institution, there are no improvements that one can notice. In most ships,
companies, government offices, conferences, meetings, congregations that involve maritime
personnel it is easy to notice the few women in the maritime profession.
On the other hand, it has not been easy to influence women to join maritime professions.
From time immemorial maritime issues have been portrayed as masculine issues that do not fit
well with women. Nevertheless, in this era there are a variety of opportunities for women in themaritime industry not only onboard ships but also ashore.
iii. Lack of comprehensive maritime policy
A comprehensive maritime policy gives direction of the maritime industry in a respective
country(s). The absence of a comprehensive maritime policy could be a hindering factor for
development of maritime industry.
In Tanzania, there is maritime transport policy that forms a part of the Country's Transport
policy. Even the incorporated maritime policy does not comprehensively address issues pertaining
to maritime transport. Consequently, maritime industry issues are addressed generally acrossother policies without taking into consideration its peculiarity. By doing so, maritime issues tends
to be addressed insufficiently by personnel without special knowledge on respective maritime
areas. Also, maritime issues tend not to be given proper weight they disserve.
iv. Complex maritime administration system
Maritime administration is an important factor in the effective implementation of respective
national law and policy as well as international agreements.
Tanzania maritime administration is rather complex due to the nature of the country
system. Currently, such complexities in the maritime administration have caused unsatisfactory
management of maritime matters especially on the safety of ships. Surface and Marine Transport
Authority (SUMATRA) and Zanzibar Maritime Authority (ZMA) need to work closely together tosustain maritime safety as an international duty.
C. Conclusion
The above highlighted maritime issues are not a comprehensive list but rather the mostclose to my working experience in the maritime industry in Tanzania. Besides, I am of the viewthat effectively addressing issues of manpower, policy and administration is potential in as far asdevelopment of maritime industry in Tanzania is concerned.

41

Piracy & Law Enforcement

PIRACY AND ARMED ROBBERY AGAINST SHIPS ON
WATERS UNDER NATIONAL JURISDICTION
Lazare Aké ABE, Cote d’lvoire

II- Armed robbery against ships onwaterstunder
d nationaltil jurisdiction
j i di ti

I. Overall presentation of Cote d’Ivoire
1. Maritime geographical opportunities

The Republic of Cote d’Ivoire is locatedin West Africa on superficies of 322.462 sq. km.

Bordero de countries
cou t es

She is boarded by Mali and Burkina Faso in thenorth, by Liberia and Guinea in the west, by
Ghana and the Atlantic Ocean in the south. The
overall population is about 22 million people.
Cote d’Ivoire possesses a maritime spaceof 520 km long and an EZZ of about 203,700 sq.
km from east to west. Besides, there are inland
waters areas composed of lagoon, rivers andlakes.
2. Maritime economic opportunities
Cote d’Ivoire is located on the shipping route from Europe/America to Asia via the Cap on
Good Hope. As such, it represents a cross road for importation, exportation or transshipment ofgoods from America, Europe and Asia.
Cote d’Ivoire has two main ports: the port of Abidjan, the most important, and the port of
San Pedro. After a decrease of -3.4% observed in 2011 because of the social and political crisis, theAbidjan’s port traffic increased to +30.5% in 2012. It is the sign of renewal dynamism in economic
42

Piracy & Law Enforcement

activities in the aftermath of the crisis as confirmed by following statistics of Abidjan’s port:- Ship’s traffic (mainly container ships, general cargos, tankers, bulk carriers and RoRo) : 2914
- Overall port traffic (oil, general cargos and fishing products) : 21,713,810 tons
(13,612,599 for exports traffic and 8,101,211 for import traffic)- Container traffic (full, empty and transshipped) : 633,917 EVP- Transshipment traffic- Transit traffic, mainly from and to Burkina Faso, Mali and Niger: 1,613,132 tons.
We can see by these statistics that the Port of Abidjan and shipping activities in generalplay a great role in the overall economic activities of Cote d’Ivoire. In fact, the only port of
Abidjan’s represents:■ 90% of customs incomes ;■ 60% of public income (customs duties and taxes);■ 65% industrial units of the country;■ 50,000 employees;■ 70% of the Gross Domestic Product;■ 70% of foreign exchanges of hinterland countries (Burkina, Mali, Chad, Niger, Guinea).
■ Important tool of cooperation and integration in West Africa.

Port
o to
of Sa
San Pedro’s
ed o s ShipShip’ss traffic : 1500

 Overall port traffic:

3 000
 Container traffic:

 Transit traffic:

II. Armed robbery of ships on the waters under national jurisdiction

According to the statistics of the International Maritime Bureau (IMB) from 2003 to thefirst three months period of 2013 (January-February-March), armed robberies against ships onwater under national jurisdiction amount to a total of 27 actualy attacked. The nature of theattacks evolved deeply from 2003 to 2013.
1. Before the year 2012
The number of attacks from 2003 to 2011 amount to 20. The nature these attacks is what
we can call “subsistence piracy”. Some people living in difficult social conditions living sometimes
43Piracy & Law Enforcement

in shantytowns near the port, board ships
when at anchorage, sometimes with knives andPiracyacy statistics
stat st cs in Côte dd’Ivoireo emachetes, just in order to steal what they canhave on the bridge (stores, cables and paints).
On 30th January 2008, a Marshall Island
bulk carrier MT Go Friendship was boarded by
two robbers while was in inner anchorage. Theystole ship’s stores and escaped.

N
Numberb off attacks
tt k (2003(2003-2012)
2012)
6
5
5
4

4

4
3

3

3
2

2

2
1

1

1
0
0
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

TOTAL: 25 attacks (2003-2012)
3 attacks (January(January-February-March
February March 2013)

2. In the years 2012-2013
Along with the outbreak of piracy on the
coast of countries bordering the Gulf of Guinea,

2003-2011:
003 0
Piracyacy oof subs
subsistenceste cewe have recorded five cases of armed robbery

 MT Go Friendshippagainst ships in 2012, and 3 cases from January(January 30th , 2008 at
Port of Abidjan’s)

to March 2013.
On 5th October 2012, a Bahamas flagged
product tanker MT Orfeas was hijacked
by armed pirates while anchored at about Robbers attacked

ffrom shantytowns:
h t t
 Zimbabwe
 Ossibissa
 Koumassi Aklomiabla Ile Bouley
 Vridi Ako,

3 nm south of Abidjan port anchorage atapproximately 2330 LT. Fourteen pirates in

12speed bots armed with AK 47 rifles and knives
boarded and hijacked the tanker. They damaged the ships’ communication equipment andsailed the tanker to an unknown location off the Nigerian coast where part of the cargo wheretransferred into another tanker. The tanker was in pirates control for around ten days. The
pirates ransacked the vessel and stole crew personnel belongings and cash before leaving thetanker on 9th October 2012 .
On 3rd February 2013, a Luxembourg flaggedtanker MT Gascogne was attacked and hijacked byarmed pirates while steaming at about 70 nm southof Abidjan at approximately 0659 LT. About twelve
pirates heavily armed with guns boarded the tanker
underway. The pirates used a foldable ladder equippedwith hooks to board the tanker. They hijacked thetanker and took all 17 crew members as hostage. They
then sailed the tanker to off Nigeria where they stole
the tanker’s cargo. They also ransacked the vessel andstole the vessel’s and crew’s valuable. The tanker andthe crew members were released on 05 February 2013.
Two of the crew members were injured. The tanker
then proceeded to safe port.
On 16th January 2013, a Panamanian flagged
product tanker MT Itri was hijacked by armed pirates
44

Piracy & Law Enforcementat Abidjan anchorage at approximately 2200 LT. Armed pirates attacked and boarded the tanker.
They hijacked the tanker and took all 16 crew members as hostage and sailed her to an unknown
location. The pirates then stole crew’s and vessel’s valuable and her cargo. The vessel and all crew
members were released unharmed on 22 January 2013. The tanker then proceeded to Lagos port
for further investigation .
When we analyze the characteristics of piratical attacks, we can notice following elements:- The most of attacked ships are tanker;- The most of ships were boarded when in inner or outer anchorage;- Pirates used speed boats to approach the vessel and ladder with hooks to board it;- During attacks, pirates used gun and knives;- Crew were assaulted, taken hostage and threatened but not kidnapped for ransom;- The ship was sailed to an unknown location off the coast of  Nigeria;- Pirates stole part of the oil cargo, crew’s and ships’ valuable and released the vessel.
The overall observation is that Nigerian pirates seem to have been spread in Abidjan when
we see the direct link between Nigerian pirates and armed robbery cases happened in Abidjan, as
illustrated by precedent cases.

III. Short-term counter measures against armed robbery of ships
1. Emergency procedure

In all cases of piratical attacks, the Maritime Administration was first informed by theshipping agent of the ship in anchorage, when he lost contact with the ship’s captain. As soon as
the Maritime Administration suspected a piratical attack, it started on the emergency procedure
consisting in following steps:
i. Inform the surrounding ships through the MRCC for the purpose to find the position of thelost ship;ii. Inform the MRCC Liberia (Regional SAR Coordination Centre) in order to help find theposition of the ship on the regional
waters;iii. Inform national actors involved in the

Emergency procedures after theattackstt kfight against piracy and armed robbery

Regional MRCC
Liberiaagainst ships (Port Authority, Police
service, Gendarmerie, Navy, Customs
and National Rescue service);

Report to theGovernment

MARAD(MRCC)

National
actors(Port, Navy,
Gendarmerie)iv. Launch patrol boats in order to rescue
the ship and crews;
v. Write an investigation report;

Investigation
Reportvi. Report the event to the Ministry ofTransports and the Government.
In the armed robbery cases that we faced, it was difficult to find the ship, carry out a better
investigation, catch and prosecute the robbers for following reasons:- The purpose of the pirates once the ship was hijacked, was not to rob the ship into45

Piracy & Law Enforcement

national waters but to bring it off Nigeria;- Not enough patrol boats were available at the time of the first attacks;- It was not possible after release of the ship to take the statement of the crew because
none of them sailed back to Abidjan’s port.
2. Short term operational measures
After the emergency procedures, it was necessary face to increasing risk of piratical attacks
to better organize and coordinate all government forces involved, to give appropriate reaction to
the said risk. In that sense different operational
measures have been taken:

ShortSo t termteoperational
ope at o a measureseasu es- Evaluate and reinforce the intervention
means (equipment, human resources);- Set up mixed patrol teams composed

Evaluateandreinforce
surveillance
equipementof the Navy, Maritime Administration,Mixedpatroltteamsand the Gendarmerie;- Carry out patrolling activities in port

Under Navy
coordination

areas according to the means available
under the coordination of the Navy.

V. Middle- and long-term counter measures against armed robbery of ships
1. Reform of the institutional framework

The reform of the institutional framework regarding the fight against piracy and armed
robbery against ships is based on two main regional strategies:- The Memorandum of understandingon the establishment of a subregional integrated coast guard

Middle- and long-term counter measuresagainst armed robbery of ships

network in west and central Africa,
adopted from 29th to 31st July in
Dakar (MOU of Dakar), placed
under the auspices of the Maritime
Organization of West and Central
Africa (MOWCA).
- The Memorandum of understanding Regional strategies :MOU of Yaoundé
 Establishmentof a regional strategy for maritime
safety and security in Central and West Africa;

 adopted
dd in
i YaoundéYdé on 24th andd 25th JuneJ2013 (MOU

of Yaoundé),
the auspices
pof the ECCAS, ECOWAS and theCommission off theh Gulflf off Guinea.

 underon the establishment of a regional
strategy for maritime safety and security in Central and West Africa, adopted in
Yaounde on 24th and 25th June 2013 (MOU of Yaounde), placed under the auspices of
the CEEA, ECOWAS and the Commission of the Gulf of Guinea.
The MOU of Dakar organizes the States of West and Central Africa in a network of four (04)Coastguard zones with respective four (4) Coastguard Zonal Coordinating Centres and two (2)Principal Coordinating Centres (art. 12 of the MOU):- Zone 1: Mauritania, Senegal, Gambia, Guinea Bissau, Cabo Verde.
46

Piracy & Law Enforcement- Zone 2: Guinea, Sierra Leone, Liberia, Cote d'Ivoire, Ghana.
- Zone 3: Togo, Benin, Nigeria, Cameroon, Equatorial Guinea.
- Zone 4: Gabon, Congo, DRC, Sao Tome & Principe, Angola.
ln each zone, a Coordinator is in charge of operations in his/her zone, according to Principal
Coordinator's instructions and orders.
The coastguard coordinating center of the Zone II is located in Cote d’Ivoire. Last year, we
held the first meeting of countries belonging to the Zone II. The aim of this meeting was to adopt
the basic legal texts necessary to make this coordination functional. We are still in the process
and the center is still not operational.
On the other hand, Heads of the States of West and Central Africa meeting in Yaounde
have adopted a regional strategy in the fight against piracy and armed robbery against ships.
The objective of this meeting is to implement a political, institutional, legal, financial, proceduraland operational framework in order to better organize and coordinate at a regional level the fightagainst threats of security in the Gulf of Guinea.
The MOU of Yaounde have established at the said city a Regional Coordinating Operational
Centre for the fight against piracy and armed robbery against ships.
However, in order to better take part to the regional processes established either in Dakar
or in Yaounde, it was necessary to organize the coordination of coast guard activities at a national
level between the different actors involved. It the reason why the National Commission of
Security set out a strategy to better coordinates on a political and operational level the action of
the State on sea.
The signature of a decree by the Government is on course. This decree will establish an
institutional framework and an operational strategy of coast guard under the coordination of theNavy including all other administrations competent at sea.
The other forces and administrations selected to participate in the coordination of theaction of State on sea are the Maritime Administration, Customs Administration, Police andGendarmerie, the Fishery Administration and the Antipollution Administration.
2. Reform of the legal framework
Cote d’Ivoire is party to the UN Convention on the law of the Sea (UNCLOS) of 1982, whichin its article 101 give a definition of piracy. According to this definition, an act of violence against
a ship motivated for private interest is considered to be ”piracy” only when it occurs on the highseas or a place outside the jurisdiction of any State.
Then, in the seas under national jurisdiction (EEZ, territorial sea, contiguous zone) the law
applicable when a ship is robbed is the coastal state law. In Cote d’Ivoire, the applicable law is theCode of Merchant Marine. Face to the evolution of maritime law, the Code of Merchant Marine
has become out-of-date on some aspects including the definition of piracy.
For example, article 229, paragraph 1 defines “piracy” as :“Any person, member of the crew of an Ivorian ship, who commits armed
violence or depredation either against ships under national registry or against
foreign ships of any State not in war against Cote d’Ivoire”.
47

Piracy & Law Enforcement

This definition is no longer compatible with the reality and the modus operandi of today’spiracy. A legal reform was necessary. It the reason why a new maritime code, taking into accounta better definition and management of piracy, has been drafted and will soon be adopted by the
Parliament.
3. Reinforcement of patrol equipments
The Government has adopted in 2012 the National Plan of Development of Cote d’Ivoire.
This plan has integrated a maritime safety and security component aiming to equip the maritime
administration and other administrations with logistics means in order to combat more efficiently
security threats. Within this framework, the Government carried out different initiatives at abilateral and multilateral level to acquire the necessary equipment, composed of the following:- Patrol boats- Vehicles- Radio-communication means (AIS, VTS, VTSM)- Building of the regional coordinating center- Building of local services on the littoral- Human capacity building in the field of safety and security.

Middle- and long-term counter measuresagainst armed robbery of ships
Institutional organization

Maritime
Administration

Antipollution
Administration

Navy

Gendarmerie

Fishing
Administration

Conclusion

Piracy and armed robbery against ships sailing on waters under national jurisdiction has

become an increasing problem for the promotion of the maritime economy in Cote d’Ivoire. Thissituation prompted the government to implement a real reform of the political, institutional,
legal and operational framework at the national and regional level in order to eradicate thisphenomenon.

48

Piracy & Law Enforcement

PIRACY IN WEST AFRICA
A close look at Ghana
Nana Esi QUANSAH-SÖDERBERG, Ghana
Piracy is defined as:
Any illegal acts of violence or detention, or any act of depredation, committed for
private ends by the crew or the passengers of a private ship or a private aircraft,and directed: on the high seas, against another ship or aircraft, or against
persons or property on board such ship or aircraft; against a ship, aircraft,
persons or property in a place outside the jurisdiction of any State;(b) Any act of voluntary participation in the operation of a ship or of anaircraft with knowledge of facts making it a pirate ship or aircraft;(c) Any act inciting or of intentionally facilitating an act described in subparagraph (a) or (b).”Armed robbery on the other hand is defined as “Any unlawful act of violenceor detention, or any act of depredation, or threat thereof, other than an act ofpiracy, directed against a ship or against persons or property on board such ship,
within a State’s jurisdiction over such offence
Source: IMO International Maritime Organization

West African waters have become unsafe. Between 2008 and 2012 the African continent
recorded 1151 piracy attacks. About 19% of these were West African (221) cases. The highest
incidences were recorded in Nigeria, followed by Ivory Coast and Togo. Ghana initially recordedhigh numbers in 2008, but this has declined to 0 within the half year of 2013. Refer to Figure 1
and table 1.
PROPORTION OF ACTUAL AND ATTEMPTED PIRACYATTACKS IN AFRICA PER AREA 2008-2012
15%
19%

27%
39%

WEST AFRICA

GULF OF ADEN

SOMALIAREST OF AFRICA

SOURCE: ICC IMB PIRACY AND ARMED ROBBERY AGAINST SHIPS ANNUAL REPORT 201

Figure 1 Proportion of Piracy Attacks Within Areas in Africa

49

Piracy & Law Enforcement

Table 1 Actual and Attempted Piracy Attacks In West African Waters
COUNTRY

2008

2009

3

2

Benin

2010

2011

1

Ivory Coast

2012

TOTAL

5

15

20
4

21

1

Ghana

7

3

0

2

2

14

Guinea

0

5

6

5

3

19

Guinea-Bissau

0

1

0

0

0

1

Liberia

1

0

1

0

0

2

Nigeria

40

29

19

10

27

125

Togo

1

2

0

6

15

24

Total

52

43

30

44

52

221

Source: ICC IMB PIRACY AND ARMED ROBBERY AGAINST SHIPS ANNUAL REPORT 2012

While piracy in other areas is declining, cases in West Africa are increasing (see figure 2),
making the shipping route dangerous and unattractive. The problem which originally occurred
mostly in Nigeria has over the years spread to neighboring coastal countries.
The cases of piracy in West Africa range between armed robbery at sea and piracy wherearmed robbery is defined as acts of violence or detention against persons or property on board aship within a state’s jurisdiction, and piracy are the same acts of violence or detention which occur
on the high seas outside any states jurisdiction (paraphrased from IMO definition of piracy andarmed robbery).
The initial spate of occurrences along the West African coast - and especially in Ghana seemed to be opportunistic armed robbery with theft of cargo or unsecured items available on
stationary or anchored vessels within port anchorages. This was characterized by the use offishing canoes or small boats fitted with outboard motors.
Reports from other West African countries indicate evolution of these cases to actual
hijacking of vessels and theft on the high seas even when vessels are steaming, especially within
Nigerian waters. (SAFETY 4 SEA, 2013)
Even more disturbing is the increase in violence, maritime kidnapping and hostage
situations in Nigeria, Togo, Benin and Ivory Coast. While piracy on the African Horn has largely
been about negotiating ransom for hostages and taken ships, the West African cases are more
about relatively swift attacks where the objective is to quickly take what is readily available andkill the crew if necessary.
A C T U A L A N D A T T E M P T ED P I R A C Y A T T A C K S I N A F R I C A
PE R R E G I O N 2 0 0 8 -2 0 1 2
WEST AFRICA

GULF OF ADEN

SOMALIAREST OF AFRICA

Number of Cases

200
160
150
139
100
80
50

52
44

43

52
49

30
19
0
2008

2009

2010

2011

2012

Years

SOURCE: ICC IMB PIRACY AND ARMED ROBBERY AGAINST SHIPS ANNUAL REPORT 2012

Figure 2 Actual and Attempted Piracy Attacks in West African Waters from 2008-201250

Piracy & Law Enforcement

Causes of piracy within the West African region

・ Socio economic conditions are a two pronged cause. Booming commerce and trade withmineral resources such as oil and gas attracts criminals with the potential rewards oflucrative bounty. On the other hand poverty and unemployment, especially with regards
to people resident in coastal areas serve as a catalyst for taking part in such crimes.
・ Lax security of bordering and territorial waters and weak enforcement systems givepotential pirates and robbers the opening to perpetrate their crimes.
・Success rate of piracy and armed robbery at sea in general and the promise of quick rewards
make it an attractive option for people who struggle to survive. More especially the successrate of these attempts in Nigeria has encouraged expansion to neighboring waters.
・ Absence of a coordinated regional maritime security initiative. Isolated efforts by national
entities such as ports and navies can only go so far. The absence of structured collaboration
and a cohesive effort only serves to embolden these criminals to ply their trade.

Effects of piracy on sub region and Ghana specifically・ Ship owners and shipping companies live in continuous fear of piracy attack or attempts
on their vessels. Thus insurance companies have had to increase premiums on insurance
to ensure adequate coverage, and ship owners to invest in different forms of security
services and products. The cost of these endeavours will have to be recouped and willreflect in increased maritime and freight costs. (Bowden et al 2010)
・ Ports need to secure their surrounding waters and anchorages to attract maritime traffic.
The security activities also encompass the maritime boundaries of a country albeit
through collaboration with other national agencies and institutions. Thus the increased
occurrence and threat of piracy warrants allocating greater resources to maritime
security, instead of investing in forward looking areas such as customer support and port
expansion.

・ Re-routing of vessels to avoid pirate prone areas causes delays in vessel arrivals and cargo
clearance. The delays and increased cost of transportation has the tendency of making theWest African region and consequently the ports of Ghana unattractive for transshipment
and oil services which is in direct contradiction of our plans to respectively make Temaand Takoradi Ports the maritime hubs of the sub-region.
・ Pirate hot spots within the region would make Ghana potentially unattractive to major
shipping lines and thus most of the country’s traffic may be re-routed via transshipmentfrom other ports reducing the flow of vessel traffic, reducing the size of vessels and limiting
the level of revenue from port dues and other related charges to the port authority.
Consequently this will also cause loss of national revenue and GDP to the nation.

Existing initiatives to address the problem so far comprise the following:
Respective initiatives by regional ports
The Ghanaian case
The ports have been a forerunner in the prevention and combating of armed robbery in
Ghanaian waters.
51

Piracy & Law Enforcement

Some initiatives taken by the Port and Harbours Authority comprise:
・ ISPS and Marsec level 1 compliance in bothcommercial ports

port provides space for berthing of multincy patrol boats

・Automated Ship Identification System.
・ A New Security Patrol boat costing €1.6m wasNaval patrol boats

recently acquired to beef up security patrol
activities in the port environs.
・ 24 hour joint patrols by GPHA Security, the Navyand Police

ew 1.6bn USD port authority security
atrol boat

Maritime police patrol vessel・ Continuous training of security personnel oncurrent maritime security practices.
・ Port Security vetting and monitoring of fishermen
who fish within our waters.
・Collaboration with other maritime agencies.

Ghanaian navy anndair force

・ There have also been a number of seminars andsensitization platforms organized by various

efender class boats fornchorage patrols
36 metre Patrol boat foroastal patrols
maritime patrol aircraft
eployment of naval
ersonnel at ports and oil
eldspublic institutions to inform the general public
and the maritime sector of the dangers of piracy

AREA OF RESPONSIBILIT

and armed robbery.

AFLAO

Initiatives by the Ghanaian Navy and Air force include:

TEMA
WIN
NNEBA

・Defender class boats for anchorage patrols

NEWTOWN・A 36 meter Patrol boat for coastal patrols

SEKONDI・A maritime patrol aircraft
・ Deployment of naval personnel at ports and oil

EASTERN NAVALCOMMAND

WESTERN NAVALCOMMAND

fields

15

These initiatives have been quite effective as illustrated below (figure 3). However, there
are limitations as to the capacity of crafts, fuel and personnel, as well as the threat of potential
spreading of the problem from neighboring ports with high incidences of maritime armed robbery.

GHA N A
8
7
6
5
4
3
2
1
0

7

3
2

2

2011

2012

0

2008

2009

2010

0

J A N - J UL Y
2013

IMO PIRACY STATISTICS JANUARY 2013 ? JULY 2013 (194-200)

Figure 3 Maritime Armed Robbery Reports in Ghana from 2008-2013 January-July

52

Piracy & Law Enforcement

The Togolese case
In June 2012, Togo issued safety regulations and best practices to all vessels calling theirport and has also contracted private security services to protect vessels within its anchorage.
(GARD, JULY 2013)
The Togolese navy has also undergone training with French and American counterparts.
The shipping community
The shipping community which comprises all entities who participate and have an interestin the shipping industry have issued several publications on best practices for navigating thewaters in the sub region. These guidelines include:
・Best Management Practices for Protection against Somalia Based Piracy
・ Interim Guidelines for Owners, Operators and Masters for protection against piracy in the
Gulf of Guinea region
・ Code of conduct concerning the repression of piracy, armed robbery against ships, andillicit maritime activity in West and Central Africa
・ The Maritime Trade Information Sharing Centre for the Gulf of Guinea (MTISC-GOG)
Among others
These initiatives and guidelines augment preventive measures enforced by port authorities
and other maritime security agencies by ensuring that vessels are monitored by authorities in theregion, protected and prepared for the type of incidences common to the region.
Regional initiatives
Maritime Organization of West and Central Africa (MOWCA) regional coastguard project is
a proposed network of national coast guard organizations which will be coordinated by four zone
centres within West and Central Africa.
ZONE
Zone 1
Zone 2
Zone 3
Zone 4

COVERAGE AREA
Senegal, Gambia, Guinea Bissau Cape Verde
Guinea, Sierra Leone, Liberia, Cote D’Ivoire andGhana
Togo. Benin, Nigeria, Cameroon, Equatorial
GuineaGabon, Sao Tome and Principe, Congo, Congo
DR, Angola

COORDINATING CENTRE
Dakar, Senegal
Abidjan, Cote d’Ivoire
Lagos, Nigeria
Pointe Noire, Congo

SOURCE: Maritime Security Threats and Responses In The West And Central African Maritime Region/ Gulf Of Guinea M.T.ADDICOThis initiative is aimed at prevention and response to maritime security threats including
piracy and armed robbery at sea. The regional coast guard initiative would mitigate constraints
faced by respective national navy and security units such as limited resources and the absence ofthe right of hot pursuit across borders.
Though 16 out of 20 member states have endorsed the initiative, it has not been
implemented yet and thus the region is still ineffectively combating the problem on an individual53

Piracy & Law Enforcement

or national basis.
Ports Management Association of West and Central Africa (PMAWACA) intends to meetwithin the last quarter of 2013 to discuss and review the way forward for the various ports within
the sub region.
International initiatives
CRIMGO - the Critical Maritime Route Program which is aimed at enhancing maritime
security and governance on key shipping routes is a cross continent initiative. In West Africa
the program is run from seven African coastal states including Nigeria, Benin and Togo. ThoughGhana is not directly included, the initiative is beneficial in this project since it looks at correcting
issues along the route our port will still benefit. (EU Commission press release, 2013)
Joint Research Centre Building Maritime Awareness
EU/Gulf of Guinea strategy will be aimed at building on and empowering local and regional
existing initiatives and navies (Maritime Security Review 2013). This could be a way to build
the capacity of a regional coast guard. For example there has been the initiation of a maritime
police division in Ghana. Though laudable their seaside activities need strengthening. Training
and equipping of this unit need to be coordinated with other similar units in our neighboring
countries.

THE FUTURE

In my opinion respective actions taken by Ghana and other countries in West Africa are all

well and good but inadequate to address the piracy problem holistically. Since demarcations of theseas remain theoretic and not physical the problem will not remain exclusive to one state or area.
There is no exclusivity to the problem.

Diagram illustrating the associated effects of piracy and armed robbery cases on ports in West Africa (Source): own summary

Figure 454

Piracy & Law Enforcement

Much as individual ports and nations may secure their anchorages and territorial waters theshipping routes leading to all these ports still remains threatened. If these routes or neighbouringports are pirate infected and have a high occurrence of incidences the cost may finally outweighthe benefit of using them. Thus the whole region loses. It’s also apparent that nations cannot andshould not run initiatives in isolation.
Operators need to be informed on whom to report to and of best practices.
Navy, maritime police and the port authorities need to work closely together to determineand outline the nature, extent and frequency of patrols. Courses of action in case of threats andapprehension need to be set and training needs to be undertaken. Defined reporting lines as away of maximizing the resources available for this are also required.
Though port authorities are constructively combating the problem, there needs to be more
integration between the ports along the West African coast. Port to port communication on
potential threats, distress calls, tip offs, measures, facilities and systems should be shared.
Shipping lines should be encouraged to report incidents since there is indication that thevarious published statistics we have access to may be understating the problem.
REFERENCES

1. ICC International Maritime Bureau, Piracy and Armed Robbery Against Ships Cimabar
Waharf. (1st January-31st December, 2011)
2. Seminar on protecting our coast, piracy and its effect on maritime trade, national security andthe emerging oil industry: Presentation on combating piracy and armed robbery against ships

in our territorial waters , Naval Captain Emmanuel Ayesu Kwafo, Director Naval Training,(Ghana GPHA Towers 25th September, 2013)

3. Allianz Global Corporate and Specialty, Piracy: An ancient risk with modern faces Arthur
E-Mossman.(June 2009)

4. Port Strategy, A supporting role HFW’s Katie Lenko. (September 5th, 2012)

5. Ocean Protection Services, TT: The steep curve ahead in fighting Gulf of Guinea piracy Ocean.
(October 7th, 2013)

6. Safety4Sea,  New IMB Piracy Report highlights violence in West Africa IMB (July 15th, 2013)

7. Piracy Daily, Fending off pirates: Depending on West African States to help won’t count formuch John A.C. Cartner. (August 26th, 2013)
8. Leadership, Piracy: FG Takes Measures to safeguard Vessels in Gulf of Guinea Chika Izoura(September 13th, 2013)

9. The Guardian, African navies meet over piracy in Gulf of Guinea (August 28th, 2013).
10. Chatham House, Africa Maritime Security Adjoa Anyimadu (July, 2013)

11. ICC Commercial Crime Services, Piracy Falls in 2012, but seas off East and West

Africa remains dangerous IMB (Wednesday,16th January 2013)
12. Africa Security Brief, Navies versus coast guards: Defining the Roles Of African Maritime
Security Forces Augustus Vogel (December 2009)
13. Gard, Togo implement new anti-piracy campaign measures BUDD Group.(4th July 2013)
14. The Guardian, American authors laud Nigeria’s anti-piracy campaign Nkechi Onyedika(Tuesday19th September 2013)
55

Piracy & Law Enforcement

15. International Maritime Organization, MSC.4/Circ.194, Reports on acts of piracy and armed

robbery against ships Issued monthly-Acts reported during January 2013 IMO (19th March2013)

16. International Maritime Organization, MSC.4/Circ.195, Reports on acts of piracy and armed

robbery against ships Issued monthly-Acts reported during Febuary 2013 IMO (21st March2013)

17. International Maritime Organization, MSC.4/Circ.196, Reports on acts of piracy and armed

robbery against ships Issued monthly-Acts reported during March 2013 IMO (29th April 2013)
18. International Maritime Organiszation, MSC.4/Circ.197,Reports on acts of piracy and armed
robbery against ships Issued monthly-Acts reported during April 2013 IMO (17th June 2013)
19. International Maritime Organization, MSC.4/circ.198, Report on acts of piracy and armed
robbery against ships issued monthly- act reported during May 2013 IMO, ( 7th August 2013)
20. International Maritime Organization, MSC.4/circ. 199, Reports on acts of piracy and armed
robbery against ships issued monthly - acts reported during June 2013 IMO (13th August2013)
21. International Maritime Organization, MSC.4/circ.193, Report on acts of piracy and armed
robbery against ships annual report- act reported during May 2012 IMO, ( 2nd August 2013.)
22. United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea- Maritime Security, Presentation on Maritime Security Threats And Responses In The West

And Central African Maritime Region/ Gulf Of Guinea M.T.ADDICO (New York, 23-27 June2008)

23. Maritime Security Review, New EU initiative to combat piracy Jo.Chuter (January 11th 2013).

24. Sweet Crude Reports, Piracy: A West Africa leader seeks Anti-piracy force Toju Vincent. (June26th, 2013)

25. Cimsec, Piracy in West Africa: Preventing a Somalization of the Gulf of Guinea, Pt. 1 James
Bridger. (December 12th, 2012)

26. ICC Commercial Crime Services, Piracy falls in 2012, but seas off east and West Africa

remain dangerous   IMB (Wednesday 16th January 2013)
27. European Commission, New EU initiative to combat piracy in the Gulf of Guinea Press release
Brussels, (10 January 2013)

28. One Earth Future Working Paper, The economic cost of piracy , Bowden, Hurlburt, Aloyo,
Marts, Lee December 2010

56

Piracy & Law Enforcement

TANZANIA PEOPLES DEFENCE FORCES
Hassan Mrisho KHERI, Tanzania

1. Introduction of our missions

a. Navy is an organized maritime military of nation.
It includes not only ship and personnel but also

NAVAL COMND HQair, missile force, ship yards and shore bases
building and maintenance of fleets. The Tanzania

NC

Navy is a fighting service designated to defendMAPA

the state against aggression at sea. The Tanzania
Navy was established on the 06 Dec 71 under the

NOTO

NFC

NAO

NEO

NSCO

AJAG/NC

assistance of the People's Republic of China.
b. The aim of this paper is to present issues which I face right now in my maritime field.

2. Area of responsibilities

The areas of responsibilities are show.
AREA OF RESPONSIBILITY IN L. VICTORIAAREA OF RESPONSIBILITIES

1,424 km

EEZ
200 NM

AREA OF RESPONSIBILITY IN L. TANGANYIKA

69,490 sq km

AREA OF RESPONSIBILITY IN L. NYASA

57

Piracy & Law Enforcement

3. Jurisdiction

Jurisdiction is the Government’s legal right to exercise authority over its persons, vessels,
Jurisdiction
and territory.

JURISDICTION

3 elements comprise Jurisdiction in MLE (Maritime Law Enforcement) context

Jurisdiction

Persons/Vessels status

Location: The character of waters
in which you or the subject are in.

Jurisdictional
Triangle

JURISD
LOCATION is the allowable extent of jurisdiction overpersons, vessels, and aircraft is determined by the character• Foreignof the waters they are in or over. Simply put, location is a

• Personscountry.

determining factor in jurisdictional assessment.
• Foreign persons or vessels• Persons or vessels of yourJurisdictional
Ti l
Triangle• Stateless Triangle vessels
Status is the claim of nationality that can be verified

Persons / Vessels status

by a valid document, verbal claim by master, or display ofnational flag.
	Flag refers to nationality.

	

Coastal State refers to a nation bordering ocean waters which has the authority underinternational law to exercise various degrees of sovereignty over the immediately adjacent ocean
waters.
Vessels exercising freedom of navigation in international waters are subject only to thejurisdiction of the flag state of that vessel.
They are not subject to boarding, search, seizure or arrest by any nation other than theirflag state.
58• Stateles

Piracy & Law Enforcement

Warships, military aircraft and other government vessels or aircraft on non-commercial
service have Sovereign Immunity.
• The only permissible action toward sovereign immune vessels engaged in activities thatwould otherwise be enforceable violations of own nation or international law is requiring
those vessels to leave own nation Internal waters or Territorial Sea.
• This guidance does not restrict the inherent right of self-defense.
Stateless Vessel: vessel is not legally registered in any country and/or makes no claim.
3Ways to Make a Claim to Nationality• Show a flag
• Show documentation• Oral claim by master (if it is not stated by master then it is only an indication)

JURISDICTION

Persons or vessels exempt from authority : Diplomats, Foreign military vessel

Jurisdictional

Triangle

Persons / Vessels status

JURISDICTION

Laws for apply to your jurisdictional waters, which require or prohibit a specific action.
19
19

Jurisdictional

Triangle

Persons / Vessels status

4. Issues / Problems

There are so many problems that I face

Unclassified
20

in my working environment as far as maritime
field is concerned. The following are some of themain problems that bring to me challenges in mycarrier of maritime affairs.
a. Search and Rescue: This is one among therole of Tanzania Navy whenever maritime
accident happened within the jurisdiction
59

Piracy & Law Enforcementof our water in collaboration with otherrescue forces, such as Special Force for
Smuggling Prevention (KMKM), Tanzania
Police Marine, Tanzania Port Authority(TPA), Zanzibar Port Corporation (ZPC).
Though we have the Maritime Rescue andCoordination Centre (MRCC) establishedon 26 Mar 09, but the respond towards theaccident become slowly due to some of theadministrative barriers.
Statistic show that, more than 1000 persons lost their lives in Lake Lictoria due to accidentof MV Bukoba in 1996, approximately 1000 peoples died in Spice Islander in 10 Oct 2011 at
the Northern off- coast of Unguja Island  as well as more than 200 died in 2012 due to MV
Skagit accident near to the Chumbe Island.
b. Boarding Operation: This is a forcible
insertion of personnel that are not membersof the crew by another party without theconsent of the captain or crew. During theoperation sometimes becomes difficult toboard a large ship which normally needquick and efficiency action.
c. Illegal Fishing: Blast fishing or dynamites
fishing is the practice of using explosives tokill schools of fish for easy collection. Thiskind of fishing is illegal and such a practice
can be extremely destructive to the marine
ecosystem as the explosives often destroy
the underlying habitant that support thefish. This activity takes place along thecoast of populated fishermen such as Dar
es Salaam, Tanga, Mtwara, Mafia andZanzibar.
d. Piracy: According the International maritime
law, Piracy can be defined as any illegal
acts of violence or detention, or any act ofdepredation, committed for private ends
by the crew or the passengers of a private
ship or a private aircraft, and directed on
the high sea. The Tanzanian navy has been
conducting regular patrols to ensure Somali
pirates do not enter our territorial watersfrom deep seas. The Tanzania waters are60Piracy & Law Enforcement

not safe in terms of piracy attack. "TheTanzanian navy arrested the pirates intheir skiff on 18 Apr 12 near the Songosongo
gas fields.
Last October, Tanzania arrested sevensuspected Somali pirates following an attack
on an oil and gas exploration ship operated
by Brazilian petroleum company Petrobras
off the coast of the country. And last year, it
ordered its army to escort ships searchingfor oil and gas off its coast to protect themfrom pirates, who are believed to be targeting expatriate workers on exploration ships.
e. Hot Pursuit: The act of pursuing any foreign vessel suspected of violating your laws in yourjurisdiction onto the high seas Hot Pursuit allows a coastal State to preserve its jurisdiction
to take law enforcement action against a foreign flagged vessel that flees beyond normal
jurisdiction limits after it has committed a violation of the coastal State’s law.
The act of pursuing became difficult when the speed of the suspected vessel is higher thanour vessel.
f. Right to Approach: The right of a warship to approach another ship on the high seas,
except another warship or government owned ship not for commercial use, to determine
the identity and nationality of that vessel, and to determine its status. That is the task ofascertaining the nationality of a merchant ship carried out by a naval vessel within the
powers recognized by international law. A merchant ship may be invited to communicate thenationality if there is a reasonable suspicion. The request is made by warship by raising thenational flag or other optical signal. If the request is not met, the military unit is authorized
to shoot a shot cannon ball at the bow or, as a last resort, to make use of force. In the courseof the investigation the warship can approach the mercantile suspect (the term 'Anglo-

RIGHT OF APPROACH

Saxon' right of approach') which did not however obliged to stay to facilitate action.

g. Right to Visit: The right of a warship to board a vessel to verify Right of Approach
information or investigate vessels suspected of universal crimes. The military ship willorder the mercantile to stop with radio or optical means, with recourse in the event that
21
61

Piracy & Law Enforcement

a warning shot (warning shot); send the ship suspected, with a motorboat, its own official
control vehicle papers (Act of nationalities, role crew, logbook, etc.); run, where suspicions
remain after the checking of those documents, an inspection of the ship itself. A warshipwhich encounters on the high seas a foreign ship, other than a ship entitled to complete
immunity in accordance with articles 95 and 96, is not justified in boarding it unless there isreasonable ground for suspecting that:(a) The ship is engaged in piracy;(b) The ship is engaged in the slave trade;(c) The ship is engaged in unauthorized broadcasting(d) The ship is without nationality; or

RIGHT OF VISIT(e) though flying a foreign flag or refusing to show its flag

The right
Th
i ht off a warshiphi tot boardb d a vessell tot verify
if Right
Ri ht off
Approach information or investigate vessels suspected of universal
Coast Guard must have a specific statutory basis of authority before taking LE action.
crimes.
i
Fundamental
sources of Coast Guard enforcement authority for the Boarding Officer

h. Authority and Jurisdiction: Authority is the government’s legal power to act. The

include: Maritime Law Enforcement(MLE), Customs, Protection and Security of Vessels,
Unclassified

Harbors

23

Jurisdiction is the Government’s legal right to exercise authority over its persons, vessels,
and territory.

5. Conclusion

The above mentioned were some of the main challenges which I face in my current working

environment regarding maritime field.

62

Piracy & Law Enforcement

The future and West African Maritime Safety Agency(WAMSA)
Geoffrey Gurumyen SEMNOE, Nigeria
The discovery of oil in states of the West
African and Gulf of Guinea region increases
the risk of marine pollution. The risks become
higher as the volume in traffic of vessels(Tankers) increase. As such there is a greaterneed in the very near future to have a bodywhose mandate is proactive which would

GEOFFREY SEMNOENIGERIAtake on some of the responsibility of putting
measures in place to minimize or as the casemaybe mitigate such risks. On the basis ofthese, it is suggested that WAMSA (WestAfrican Maritime Safety Agency) is an idea whose time is fast approaching.
This agency is expected to play an active role in the area of monitoring vessel traffic,
training cooperation, satellite imaging and information sharing. As stated above, the discovery ofoil in some States has brought along with it some much needed economic boom as well as higher
risks of oil pollution as more vessels traffic along these routes. Such risk is not restricted to the
producing States but to neighboring states as well. The capacity of States to deal with such risk
differs based of the wealth of each State, as evident in Nigeria being the only State in the region
to have an orbiting satellite(which was acquired at a cost of overused 100M) and has been used inforecasting disasters and mapping out areas of risk. It becomes imperative that such an agency isestablished so as to narrow those gaps that exist especially in the areas of technical and humandevelopment.
Emphasize must be stressed that such an agency would also help in the fight against
armed robbery and piracy of which the region has had 28 attacks as at August 20131. In 2010,
there were 39 attacks, 53 in 2011 and 62 in 20122. As we speak, the Gulf of Guinea now has thehighest number of attacks. There have recently being conferences and workshops by the major
players from these States and these talks have centered mainly on the issue of cooperation,
as aptly put by Beikro.G. Rear Admiral (2013) that, “…criminals are taking advantage of our
failure to collaborate at the operational and tactical levels”3. Furthermore, piracy attacks are,like oil pollution which when they occur, no respecter of boundaries and could easily spill fromone state to the other. As such, synergy becomes very important if these are to be mitigated. This
much has been emphasized by Frans Von Rompuy (2013), who says that the European Maritime
Safety Agency (EMSA) is “helping the member States shoulder their responsibilities and taking
1 www.icc-ccs.org
2 www.cathamhouse.org
3 Conference held at Eko Hotel Lagos on Maritime Security in the Gulf of Guinea, Lagos, Nigeria

63

Piracy & Law Enforcement

advantage of synergy opportunities”4.
Whilst the discovery of new wells brings prospects of greater prosperity for States,
the increase in maritime trade due to more vessels and tankers visiting such ports presents
advantages of wealth and disadvantages of danger that at some point, even with the advanced
safety features of vessels, an accident may occur. Proactive measures are required to help States
prepare for such emergencies and to deal with it accordingly based on international standards
across the board.
Again, it costs a lot of money to clean up after an oil spill and restore the environment as
close as possible to its former state and with the current economic reality, not many States in theregion can afford this. Quite a number would almost certainly rely on international help or simply
just allow things as they are, hoping that nature would do them a favor.
WAMSA, if established can perform such tasks seamlessly by tracking and monitoringvessels, especially oil tankers and relaying such information to the various maritime
administrations. As it was stated earlier, not all the States have the resources to establish
monitoring centers and since these States face the same risk, then such cooperation or synergy isbest utilized through such coordination agency. The European Maritime Safety Agency is a good
example of such synergy
Piracy, armed robbery and hijackings have been on the increase along the Gulf of Guinea
in 2013 and reports have shown that this has spread as far as Cotonou (Benin), Lome (Togo) and
Abidjan (Ivory Coast)5. In most cases where such incidents happen, the criminals evade arrest by
crossing into neighboring States and issues of sovereignty have hampered such arrests in the caseof hot pursuits. The Government of Benin has recently had to contract an American maritime
security company, Davenport to handle its maritime security6. It is hard to fathom how such afirm would relay information to Nigeria in the event of an attack and pursuit. The diplomaticchannel will look endless as issues of National security will come into play. However, this would
not seem the case if an agency like WAMSA exists due to its nature as a coordinating center whichis staffed by nationals of all the States.
In addition, the issue of language
barrier will be broken as the region consistsof three major official languages: English,
French and Portuguese as staff of the agency
would be drawn from States in the region.
Standardization has over the years been an areaof great interest to the IMO. As such, havingsuch an agency will help ensure that countries
that lack the technical know-how are brought
up to speed in other to ensure best practices
in the handling of pollution or potentially

4 Chairman of the Administrative Board of EMSA in his address at www.emsa.europe.eu
5 www.icc.ccs.org
6   Daily Newswatch Thursday, September 19, 201364

Piracy & Law Enforcement

dangerous situations. A classic example of this was the recent collaboration between EMSA andthe Italian authorities during one of the most daring salvage operations ever undertaken, the oneof Costa Concordia( where the salvage operation was done by the active involvement of EMSA
which has since the accident ensured strict compliance with European standards).
Therefore, while Countries like Nigeria and Ghana can afford each year to send large
numbers of its citizens to reputable institutions like World Maritime University, some can only at
best send one person at a time. WAMSA could therefore coordinate training cooperation among
States while also ensuring that a basic minimum standard is maintained in specialized areas
by member States. This much was stressed by Jurgen Ehle, Rear Admiral (2013) who says, “theEU’s efforts would focus on helping to improve coordination between regional navies, training andother measures”. Again there is emphasis on training7.
It is pertinently obvious that from the words of quoted stakeholders, collaboration andcooperation have been consistently mentioned as key factors to driving safety and security inthe region. And since the world is leaning towards efficiency (which is less cost and time inundertaking a particular task), it becomes trite that the synergy being canvassed should be
harnessed under a single pool, WAMSA.
Going forward, and as we have witnessed with the successes so far recorded fromorganizations like ECOWAS, ECOWAS COURT and ECOWAS PARLIAMENT, the risks that our
new wealth comes with in the discoveries of new oil blocks and the increase in shipping activities
that are likely going to occur, equally comes a potential price that proactive measures are needed
to ensure that if and when it happens, we would be ready. WAMSA therefore, is an idea whichtime maybe on the horizon.

7 Reported in the Dailynewswatch newspaper, Thursday September 5, 2013 on efforts by the European Union to assist Nigeria and countries
around the region enhance maritime security

65

Maritime Environment

GARBAGE MANAGEMENT IN CAMEROONA POTENTIAL CONTRIBUTOR TO A GARBAGE PATCH IN THE ATLANTIC OCEAN(Talking Paper)
Jenette Tifuh MUJINGNI CHO, Cameroon
Presentation Outline- Good morning Ladies and Gentlemen and welcome to this august meeting in the African region
particularly in Ghana.
- My presentation topic has been carefully chosen because garbage pollution, especially plastics,
is an issue of international concern in the maritime industry, for reason we shall know as we
proceed.
kkkkkkkkkkkkkkk- MY name is CHO MUJINGNI JENETTE TIFUH, a Maritime Administration working with
the Department of Maritime Affairs and Inland Waterways in the Ministry of Transport in
Cameroon. I specialized in MSEA at WMU.
kkkkkkkkkkkkkkk

MY presentation is outlined as follows:(1) I’ll introduce the issue of garbage (plastics) and indicate some of its effect on marine life(2) I’ll give an overview of my country since I know some of you may not have been there before,(3) I’ll talk about land-based garbage management in Cameroon, bow effective or ineffective it is.
(4) Furthermore, I’ll present the efforts that my government has put in place so far to manage
plastics and prevent pollution.
(5) I’ll equally propose some solutions that in my own opinion will help prevent the pollution of
our marine environment by plastics.
(6) However, I hope that by the end of my presentation, I’ll learn from the experiences in yourcountries on how plastic garbage is managed to prevent it from getting into the sea.
kkkkkkkkkkkkkkk

Introduction of the issues being caused by Garbage.
- In the maritime industry when we talk about pollution, our minds go directly to oil andchemicals. We hardly think about garbage 1st. but garbage can be as deadly to marine life as
Introduction cont…

 Garbage can be as deadly to marine life as oil orchemicalsh i lThe greatest isplastics
l i whichhi hfloat for years.

 Fish and marine mammals
mistake it for food or gettrapped in plastics items.

 So
Somee cocomee fromo beacbeaches
es dudumpedped by holiday
o day
makers, fishermen or come from cities and towns
throughg run-offs.

 others come from passing ships
566Maritime Environment

oil or chemicals.
- The worst of it is plastics which can stay in the marine environment for a very long period.
- Fish and marine mammals mistake it for food, some pick it up and feed their young ones.
Others get trapped in plastic items like fishing nets.
- “Plastics are a contaminant that goes beyond the visual”, says Bill Henry of the Long Marine
Laboratory, UCSC.
kkkkkkkkkkkkkkk- These items are sometimes dumped on the beaches by holiday makers and tourists. Others are
dumped in towns and cities and they eventually get into the sea through run-offs,- Some are equally dumped by passing ships directly into the environment.
- Whatever the source may be, plastic in the marine environment is very dangerous. Plastic
debris, of all sizes and shapes, is a transboundary pollution problem with a powerful vehicle,
the ocean.
kkkkkkkkkkkkkkk- Now there may doubts on why I have to talk and lay emphasis on land-based garbage
management when we are talking about maritime issues here.
- This is because research carried out by GESAMP reported that land-based sources account for
up to 80% of the world’s marine pollution.
- My emphasis on plastics is also because 60 - 95% of this land-based pollutants is plastic
debris.
- The other 20% of this debris is from dumping activities on the water, including vessels (fromsmall power and sailboats to large transport ships carrying people and goods), offshore drillingrigs and platforms, and fishing piers.
- Most of the littered plastics on land end up in the sea. This is because most of these plastic
waste items are highly buoyant, allowing them to travel in currents for thousands of miles,
endangering marine ecosystems and wildlife along the way.
kkkkkkkkkkkkkkk- Durable and slow to degrade, plastic materials that are used in the production of so many
products, from containers for beverage bottles, packing straps and tarps, and synthetic nylon
materials used in the manufacturing of fishing lines, all become debris with time.
- Plastics debris accumulates because it does not biodegrade as many other substances do;
although it will photo degrade on exposure to sunlight.
- Studies have shown that plastic bottles are the most resistant of all marine pollutants.
- A simple definition of plastics could be: any of a group of synthetic or natural organic materials
that may be shaped when soft and then hardened, including many types of resins, resinoids,
polymers, cellulose derivatives, casein materials, and proteins: used in place of other materials,
as glass, wood, and metals, in construction and decoration, for making many articles, ascoatings, and, drawn into filaments, for weaving.
- In chemistry, plastics are large molecules, called polymers, composed of repeated segments,
67

Maritime Environment

called monomers, with carbon backbones. A polymer is simply a very large molecule made up of
many smaller units joined together, generally end to end, to create a long chain. The smallest
building block of a polymer is called a monomer. Polymers are divided into two distinct groups:
thermoplastics (moldable) and thermosets (not moldable).
- The word “plastics” generally applies to the synthetic products of chemistry.
Time Taken for objects to dissolve at sea

Material

Time to degrade

Paper bus ticket

2 4 weeks
2-4

Cotton cloth

1-5 months

Rope
R
Woollen cloth
Painted wood
Tin can

3-14
314 monthsh1 year13 years
100 years

Aluminium can

200-500 years

Plastic bottle

450 yearsySource: http://www.imo.org/ourwork/environment/pollutionprevention/garbage/Pages/
Default.aspx as quoted from Hellenic Marine Environment Protection Association(HELMEPA)

kkkkkkkkkkkkkkk- Plastic is generally a durable material. Its durability has made the culprit of the problem since
it is considered resistant to natural biodegradation processes, i.e. the microbes that break downother substances do not recognize plastic as food. Yet plastic can be fragmented with the effects
of UV, being broken down by light in smaller and smaller debris over time.
- Biodegradation, the breaking down of organic substances by natural means, happens all
the time in nature. All plant-based, animal-based, or natural mineral-based substances
will over time biodegrade. In its natural state raw crude oil will biodegrade, but man-madepetrochemical compounds made from oil, such as plastic, will not. Why not? Because plastic
is a combination of elements extracted from crude oil then re-mixed up by men in white coats.
Because these combinations are man-made they are unknown to nature. Consequently, it has
been thought that there is no natural system to break them down.
- The enzymes and the microorganisms responsible
for breaking down organic materials that occur
naturally such as plants, dead animals, rocks andminerals, don’t recognize them. This means thatplastic products are said to be indestructible, in abiodegradable sense at least.
- That is why a plastic bottle can stay in the marine
environment for 450 ? 1000 years. This apparently
has great effect on the ecosystem.
68

Introduction cont…

Plastic bottles can stayy ffor between
450 – 1000 years in the ocean without
decomposingpgMaritime Environment- Of the 260 million tons of plastic the world produces each year, about 10% ends up in the
Ocean, according to a Greenpeace report (Plastic Debris in the World’s Oceans, 2006).
- 70% of the mass eventually sinks, damaging life on the seabed. The rest floats in open seas,
often ending up in gyres, circular motion of currents, forming conglomerations of swirling
plastic trash called garbage patches, or ultimately ending up washed ashore on someone’s
beach.
kkkkkkkkkkkkkkk- There has been a number of garbage patches in theworld but the most popular was the North Pacificgarbage patch which raised a lot of dust worldwide

Introduction cont …
The most popular garbage patchkknown
world-wide
ld id
1. THE NORTH PACIFIC GARBAGE PATCH

and affected a lot of marine animals.
- It was as large as the size of Texas in the USA andaffected huge colonies of the Tern albatross, island
albatross and the Guatalupe island.
- This is of course what we will not want to happen in

Currents in the North Pacific move in a clockwise spiral, or gyre, which tends to trap debris
originatinggg from sources alongg the North Pacific rim. Plastics and other waste haveaccumulated in the region, which includes the foraging areas of Pacific bird colonies, such asthat of the Tern Island albatross, shown in blue, and that of the Guadalupe Island albatross,shown in green.
9

the Atlantic Ocean.
kkkkkkkkkkkkkkk- The result is huge fields of plastics in the ocean
where no marine mammals can comfortably thrive.

The Result10

kkkkkkkkkkkkkkk

National Efforts in the Republic of Cameroon- She got her name in 1472 when a Portuguese
navigator, Fernando Po, arrived the river Wouri
estuary and named it “Rio dos Cameroes” (river of

THE REPUBLIC OFCAMEROON
 Got its name in 1472
 Bordered
Nigeria,B d d byb Ni
i Chad,Ch dprawns) because of the abundance of giant shrimps
that were found in the river.
- She is bordered in the North by Chad, Central
African Republic in the East, Congo to the SouthEast, Gabon and Equatorial Guinea to the South,Central African Republic, Congo,
Guinea and
Gabon,, Equatorialq
the Atlantic Ocean Surface area = 475,440km2


472,710km2 – land

2,730km2 – Water



Land:water percentage – 99:1

 Coastline – 402 Km
pof 20,129,878
 Population
inhabitants
 10 regions
 South west and Littoral regions
border the Gulf of Guinea

Nigeria to the West and the Atlantic Ocean (Gulf ofGuinea) to the South-West.
- She has a surface area of more than 400,000Km2 with a land: water ratio of 99:1.
69

Maritime Environment- Cameroon has a population of more than 20 million inhabitants.
- My town of interest (focus) for the purpose of this presentation is Douala, found in the Littoral
region.
- This is the largest touristic and industrial city in Cameroon.
- It is the economic capital of Cameroon and host to Cameroon’s major port and the river
Wouriestuary. Its strategic site requires good garbage management because there are several
creeks that empty into the main river leading to the Atlantic Ocean. Hence it can be the main
potential route of garbage entering the Atlantic Ocean.
kkkkkkkkkkkkkkk- In Cameroon plastics come from primary source such as brewery companies which produce
soft drinks, mineral water companies, companies producing plastic bags as well as fishing nets
produced by local fishermen.
kkkkkkkkkkkkkkk- These items are bought and consume or used in occasions such as meetings, celebrations,picnics, plastic bags, fishing nets for fishing.
kkkkkkkkkkkkkkk- Plastic bottles are equally used to sell various
commodities in the market such as palm oil orvegetable oil.

These plastics items still end up in our homes
andd finallyfi ll ini our garbage
b
bi
bins
no mattertt thethsource.

- This is because these bottles have a standard unit ofmeasurement hence they can be easily used.
- At home they are used to preserve water in the
refrigerator.
- Some locally made drinks and yogurt for selling areSome end up in gutters

also stored in these plastic bottles.
kkkkkkkkkkkkkkk- No matters the source whether primary or secondary
these items are consumed by every household andthey finally end up in garbage bins. Some even end

1. Ratification of MARPOL 73/78 Annex V

up in gutters near the road or are abandoned on thebeaches during picnics.

SCRI
BOCOM
BOCAM

- The Cameroon government has taken some

GDCs

measures to manage garbage on land to prevent
pollution. We are going to examine each of these

NETOYCAM

TOULA

measures and see if they are sufficient.
- Cameroon has ratified MARPOL 73/78 Annex and has the obligation to install reception
facilities for garbage at the port. However, at the Autonomous port of Doula, which is
Cameroon’s main and largest port, no reception facility for garbage is available.
70

Maritime Environment- The government has therefore authorized some Garbage Disposal Companies (GDCs) to receive
garbage from ships that berth at the ports.
- What I’m not sure of is whether there is a follow up by the government to know where thisgarbage collected are disposed of.
- The government has equally signed a contract witha land-based GDC called HYSACAM which is in

National Effort cont…

Garbage not collected regularly due toinsufficient Vans and staff, leading to overflow.

charge of collecting garbage in all the regions of
Cameroon. It does door to door collection in quarters
like what you see in this picture with the use of
garbage vans.
- HYSACAM equally has garbage bins placed at
strategic places in the cities where garbage isdisposed of.
kkkkkkkkkkkkkkk- The issue with is company is that it has only few garbage vans, bins and workers; as such, thebins are not emptied regularly. This leads to over flow of garbage around bins. This situation isvery common and is dangerous during the rainy season because the city of Douala suffers a lotof floods due to blockage or lack of drainage systems.
- Therefore when it rains and floods, all the dumped garbage are carried to the sea through runoffs.
kkkkkkkkkkkkkkk- There is equally lack of garbage cans in some areas of the town. In such cases users of plastics
of different types dump them in gutters near the road side. This is very dangerous for themarine environment because when it rains this plastic debris is carried to nearby rivers or
streams and subsequence into the sea.
kkkkkkkkkkkkkkk- One of the brewery companies in Cameroon known
as “les Brasseriesdu Cameroon “ which produces

National Effort cont…

soft drinks and is a major distributor of the mineralwater called Tangui has initiated a program nicknamed “ThePlastic Recup program”.
- The aim is to collect used plastic bottles and recycle.
Under this program plastic collection bins have beenplaced at strategic sites in major cities and towns.

3. Plastic RÉCUP Programmeby « les Brasseries du Cameroun »This is a fantastic idea.
- However, the problem here is that there has been very little sensitization on the use of thesebins. Many people who see the bins don’t really know its purpose.
- Also, the bins are very limited in their numbers. In a whole town, only one or two bins may befound.
71

Maritime Environment

Are these efforts enough?
- So far and to the best of my knowledge, these are the measures taken by the government of
Cameroon to manage garbage on land.
- The question here is whether these efforts are enough.
- I don’t think so.
(Proposed Solution)- My own opinion on what could be done are follows:
1) There should be maximum sensitization on the security of the effect of plastics on the marine
environment which should be first of all the level ofa) Schools: To educate on the culture of environmental stew and ship it should begin at thelevel of nursery and primary schools. The effect of plastics especially should be the point ofemphasis.
b) Documentaries and round table discussions on this topic could also be organized on TV andradio regularly; TV and radio channels that enjoy wide public viewing should be chosen forsuch programs.
c) Celebrations like the World Maritime Day celebration which brings together stake holders
in the maritime industry as well as a huge population and users of the sea should be used tosensitize them asses.
2) Sometimes it is always important to bring back home some of the good things we learn when
we travel abroad. In Sweden and Denmark, I saw garbage bin in buses. That is a good culture
to copy because buses are vectors of these plastics which are used during voyages.
- In Cameroon passengers in buses use a lot of mineral water and soft drinks. These containers
are either thrown throw the bus windows or dumped in the buses.
- Secondly, I learnt about the installation of collection machines for plastics in shops andsupermarkets. Plastic bottles are put in the machine and in return, you receive some coins.
This idea is awesome. I was a beneficiary to this so I know what it means.
- That is why the Plastic Recup program by “les Brasseries du Cameroun” may not succeed
because people don’t have any direct benefit for depositing the plastic bottles in the collection
bins.
3) The government of Cameroon should also authorize more GDCs on land to add to HYSACAM
and ensure regular or daily collection of garbage. This will not only increase job opportunities
for youths in the country, but will also prevent overflow of garbage out of the bins which may
subsequently get into the sea through run-offs.
- MARPOL 73/78 Annex V should be implemented to the later. Reception facilities for garbage
should be installed at the ports. This may encourage the GDCs presently collecting garbage at
the ports to divert and operate GDCs on land instead.
3R Principle- The population of Cameroon should be educated on the 3Rs principle.
a) Reduce: the government should encourage brewery companies and other companies who
produce items in plastic containers to carry out research and make use of other types ofcontainers that can easily biodegrade.
72

Maritime Environment- Plastic packaging bags could also be substituted for paper bags or other degradable
material.
b) Reuse: these containers should be reused for other purposes as many times as possible
before properly disposing of them.
c) Recycle: the government should encourage its citizens to invest in recycling companies
where these form of plastics could be converted to other types of material for use.
kkkkkkkkkkkkkkk- I now request for the opinion of my colleagues. I am sure the experiences in your countries will
add to my opinion and help my country properly handle plastics and prevent it from polluting
our seas and equally avoid a garbage patch in the Atlantic Ocean in centuries to come.
kkkkkkkkkkkkkkk- On this note, I will like to conclude that plastics which get into the sea are exposed to naturalprocesses such as wind, currents and waves. Hence, no matter how big it is when it gets into
the sea, it may be broken up to smaller particles that seem invisible and are eaten up by fish,
which subsequently end up on our tables.
- Dumped plastics might become invisible but it never disappears.
kkkkkkkkkkkkkkk- Therefore, if you want to continue enjoying clean seas, manage garbage properly on land.
kkkkkkkkkkkkkkk- Thank you for your attention.

73

Maritime Environment

Environmental impact of maritime activities in Nigeria :Measures and Challenges
Jack Okon SHOWELL, Nigeria
Abstract
Maritime activities have contributed immensely to the Nigerian economy. They have helpedin the diversification of the economy and created jobs for Nigerians. However, there is need topractice sustainable and environmental friendly shipping. The Nigerian Maritime Administrationand Safety Agency (NIMASA) is the outfit charged with the responsibility of monitoring andpreventing pollution of the Nigerian marine environment by maritime activities. Incidents ofmarine environment pollution have escalated in recent times and range from oil spills from oilcompanies to piracy on waters. NIMASA has introduced regulations to tackle the problems. It has
also put in place other measures to protect the Nigerian marine environment. Challenges faced by
the agency have been outlined in this paper and recommendations proffered.
Keywords : NIMASA, Maritime activities, marine environment pollution.
1. Introduction
It is well known that shipping is one of the most important drivers of the economy in any
nation. Shipping makes up approximately ninety per cent of world trade by volume as maritime
transport vis-a-vis other means of transportation has enormous capacity and cheap cost. This
is why maritime transportation can improve the economy of a country and create employment
and construct cities (Ward-Geiger et. al; 2005). Projects such as building of ports, docks andestablishment of marine companies provide jobs and create cities where the projects are executed(Watson, 2004). Maritime transportation has been long ago acknowledged as one of the strong
catalysts for socio-economic development. Shipping has been at the fore front of linking theworld in the process of globalization. Shipping connects countries, markets, business and people,
enabling them to operate on a level hitherto impossible.
In Nigeria, the maritime industry has helped to stimulate import and export trade bymaking available surface transport through which goods are moved by sea on an enormous scale.
Shipping trade accounts for example 95 per cent of the vehicular mean of Nigeria’s international
trade. Olokoba (2006) observed that maritime business has aided the diversification of the
Nigerian economy and has continued to create job opportunities to Nigerians as mariners, crew
staff, dock workers and various practitioners such as freight forwarders. The much needed foreignexchanged for the economy is also generated by maritime transport. Activities like ship repairs,
taxes and port fees generate hard currency for the economy.
One could go on and on listing the importance of shipping and maritime transport to the
Nigerian economy. There is however problems and issues arising from shipping activities andmaritime transport which are harmful to the marine environment and these are discussed in thispaper.
74

Maritime Environment

2. Environmental Problems arising from maritime activities in Nigeria
Negative environmental impact of maritime activities in Nigeria include uncontrolled illegal
activities of both foreign and local vessels, oil spills from oil companies, poor management of solidand liquid waste by waste disposal companies, ballast water pollution of the aquatic environment,
ship scrapping impact and high incidence of piracy on waters among others (NIMASA, 2012).
The problems have not however gone unnoticed by the authorities. The Chairman of asea and cargo logistics company had lately complained that many foreign ships on the country’s
territorial waters are engaged in illegal activities polluting the nation’s territorial waters with
waste from ships and contribute greatly to fish stock depletion. A Bonga oil facility managed
by Shell, the Anglo-Dutch oil company had in 2011 released over 40,000 barrels of oil into themarine environment. This massive oil spill had affected aquatic life killing many of them. Birds
and vegetation were affected and also the livelihood of the people in the community was affected.
Before the Bonga oil spill was the Mobil spill which devastated the Nigerian territorial waters
in 1998. The Bonga oil spill affected the marine environment of the southern states and there
was a long drawn legal battle between Shell Petroleum Development Limited and the Nigerian
Maritime Administration and Safety Agency (NIMASA).
There is also the problem of ship-generated waste. Basically, ship-generated wastes
are wastes generated during the normal operational life of a ship (Nathaniel, 2013). Wastes
originating from ships include oily mixture of wastes such as slops and bilge, commonly calledsludge. Garbage made up of solid wastes comprising food, floating dunnage, combustible and noncombustible materials, incinerator ash also constitute a problem. Others include noxious liquid
substances and stack emissions from combustion of marine fuels and incinerators of ocean-goingvessels. A baseline study on ship-generated waste carried out at Lagos Port complex and Tin Can
Island Port Complex, both in Apapa revealed that the visits of vessels that had garbage /sludge
onboard for evacuation in a month per port showed inefficient management in ship-garbage. The
daily high volume of garbage in these Ports calls for urgent measures to be put in place especially
now that these Ports have had improved ship’s turnaround time with increased cargo throughputof over 60 million metric tons. It has been observed that more than 85% of these wastes are fromforeign vessels with the situation getting worse in its impact to the maritime environment withattendant higher biological oxygen demand which endangers aquatic lives.
Ballast water discharge by ships can have deleterious effect on the marine environment.
Bulk cargo carriers, cruise ships and large tankers use large amount of ballast water which isoften taken on in the coastal waters in one region after ships discharge wastewater or unload
cargo. This water is then discharged at the next port of call wherever more cargo is loaded.
Ballast water discharge typically contains a variety of biological materials including plants,
animals, viruses and bacteria. Often included in these materials are non-native, exotic species
that can engender extensive ecological and economic damage to aquatic ecosystems.
Ballast water discharged into coastal waters together with other sources of marine pollution
can be toxic to marine plants, animals, and microorganisms causing alterations such as growthchanges, disruption of hormone cycles, birth defects, suppression of the immune system, anddisorders resulting in cancer, tumors, and genetic abnormalities or even death (Huettel, 2004).
Sources of seafood can become contaminated and unhealthy for consumption. Cholera outbreaks
75

Maritime Environment

have been attributed to ship operations. It has been reported that the bacterium responsible
for cholera outbreaks, Vibrio cholera can spread through attachment to marine organisms inship ballast water. When the ship discharges ballast water, shellfish and drinking water can becontaminated.
Scrapping of ships also pose a threat to the Nigerian marine environment. Ships especiallyolder ones can harbor numerous banned and dangerous substances. Typical examples are asbestos
and polychlorinated biphenyls (PCBs). Asbestos was plentifully utilized in ship construction before
its use was finally prohibited in most developed countries in the nineteen eighties. In developing
countries where ship scrapping is undertaken workers are sometimes either not given protective
equipment or the equipments are inadequate. The workers are exposed to dangerous vapors andfumes from burning materials and frequently work in dusty asbestos-laden areas. Environmental
laws in ship scrapping yards in developing countries including Nigeria are relaxed or completely
non-existent. Large volumes of very toxic substances escape into the marine environment leading
to serious health problems among ship scrappers, the local population and wildlife.
3. Measures to combat threats from maritime activities to the Nigerian marine environment.
3.1 Introduction of Regulations:
In a bid to monitor the marine environment effectively, the Nigerian Maritime
Administration and Safety Agency (NIMASA) introduced 12 regulations for the control ofmarine pollution in the country. Covered by these regulations is sewage, garbage dumps, ship
registration, dangerous/obnoxious waste, anti-fouling system, ballast water management, liability
and compensation, sea petroleum levy among others. Nigeria’s ratification and domesticationof some international conventions such as the international convention for the prevention ofpollution from ships (MARPOL 73/78) has made the introduction of these regulations possible.
Some of the regulations will sensitize port users on what to expect. For example, the antifouling system regulation stipulates that “Persons in charge of shipyards or ship repair facilities
are expected to ensure that any waste from the application or removal of any anti-fouling system
specified in the first schedule of the regulation is collected, handled, treated and disposed of in asafe and environmentally sound manner to protect human health and the environment”
Concerning Ballast water management, “A ship constructed before 2009 with Ballast watercapacity of between 1500 and 5000 cubic meters, inclusive, shall until 2014, perform Ballast waterexchange with an efficiency of at least 95 per cent volumetric exchange of Ballast water, provided
that for ships exchanging Ballast water by pumping through method, pumping through threetimes the volume of each Ballast water tank shall be considered to meet the standard describedin this sub-regulation and pumping through less than three times the volume may be accepted
where the ship can demonstrate that at least 95 percent volumetric exchange is met”.
For dangerous or noxious liquid substances in bulk regulation, “every ship carrying noxious
liquid substances shall be provided with the procedures and arrangement manual which is incompliance with standards such a manual shall be approved, in the case of a Nigerian ship,by the agency, or in the case of a ship registered in a state party to the MARPOL convention
by or on behalf of the government of that state”. Summarizing the activities of NIMASA lastyear, the director general had said that the agency had developed 12 regulations on marine
76

Maritime Environment

environment pollutions especially those from ships. He said the regulations had been put in placeby the Federal Ministry of Justice. The director general also said the agency had started strict
enforcement of the use of port waste reception facilities which has significantly reduced incidencesof pollution from garbage.
3.2 Guidelines for Reporting Incidents:
The agency has set guidelines for reporting of pollution incidents and actions to be taken in
the event of a spill and is also working on a plan to train, equip and deploy some Nigerian youths
as marine safety and environment protection marshals to patrol the nation’s waters and respondto incidents. This is in line with global best practices on the polluter pays principle. Partnerships
with some agencies and stakeholders have been formed by NIMASA to tackle the problem ofmarine environment pollution. The agency has collaborated with the Nigerian Liquefied NaturalGas (NLNG) and the Nigerian Port Authority (NPA) on the installation of offshore reception
facilities at NLNG terminals. It has also partnered with NIMET to establish an observatory
along the Nigerian coastline and there is also collaboration with NOSDRA to create awareness onenvironment pollution.
3.3 Implementation of International Instruments:
The Marine Environment Management (MEM) department of NIMASA has been empoweredin a bid to make sure that the agency’s measures at attaining clean oceans are sustained. The
department has been mandated to implement all relevant international instruments relating to
the protection and preservation of the Nigerian marine environment and its resources in line withinternational best practices. Accordingly, the MEM department has recorded some achievements.
It is monitoring the usage of port reception facilities. As a result, vessels berthing at the ports now
make proper use of the facilities as they are now aware that the waste can be quickly evacuated.
3.4 Monitoring of ship scraping operations:
The monitoring and supervision of the scrapping and evacuation of ships in the nation isdone by the MEM department. It monitored and supervised the scrapping and evacuation offive identified wrecks within the Lagos Coastal Waters to ensure that there was no pollutionof the environment. The hull was totally removed from the water. This was in compliance with
the Nairobi International Convention on the removal of wrecks (2007), and the Hong Kong
International Convention for the safety and environmentally sound recycling of ships, (2009).
3.5 Boat Patrol/Monitoring Exercise of the Water ways:
Patrol boats have been delivered to the agency which has enabled the MEM department
to carry out regular boat patrol and monitoring exercise of the waterways under a joint
operation /enforcement team from the operation and shipping development department. This is
in compliance with provisions of the relevant IMO and international Labor organization (ILO)
conventions and also cabotage Act.

77

Maritime Environment

3.6 Facilitation:
The approval by the IMO of a technical support/funding for the development Economic
Assessment of Ballast Water management has been facilitated by the MEM department. The IMO
had awarded the project to a consultant to start the research work.
3.7 Inspection of Vessels:
Concerning port state control, more than 256 vessels have undergone inspection by officers
at the zones in Lagos, Port Harcourt, Warri, Calabar and Onne to ascertain the level of complianceby ships calling at the ports as stated by the Merchant Shipping Act (MSA) and NIMASA Act,2007.
3.8 Establishment of Marine Pollution Laborator y:
The Marine Environment Management (MEM) department of NIMASA monitored theconstruction of the marine pollution laboratory and compiled the necessary equipment for thelaboratory. MEM is also planning to set up functioning marine laboratories at the zonal offices.
It is also going to inspect tank farms and shipyards to ensure compliance with relevant IMO
Conventions. MEM is in the process of developing a marine biological baseline data and preparesa status assessment ballast water management plan.
3.9 Boat Patrol:
Effective boat patrol and monitoring of the terminal waters to track offenders and enforce
the polluter pays principle is also under the purview of the MEM department.
3.10 Equipment Stockpile:
Stockpiling of all required pollution response equipment and machineries including
pollution control boats, helicopters, booms, skimmers, personnel protection kits, etc has been put
place by NIMASA under the responsibility of the MEM department.
3.11 Inspiration of Stakeholders:
NIMASA’s effort at preventing pollution of the Nigerian marine environment has inspired
some positive responses from stakeholders who are now willing to invest and comply with theregulations. African Circle Pollution Management Limited (ACPML) is one of such stakeholders
which now have facilities such as plastic water granulator which is used to cut plastic waste into
pellets, solid waste incinerator, used to burn solid waste after sorting, Drum beater used to crush
used drums, oily water treatment plant, used to process all types of oily waste and crane used forcollection of solid wastes from ships.
4. Challenges
The Nigerian Maritime Administration and Safety Agency (NIMASA) which is saddled withthe responsibility of ensuring environmentally friendly maritime activities is however faced withsome challenges which include
・ Inadequate monitoring and response equipment for the effective discharge of duties
78

Maritime Environment

such as patrol boats for monitoring of territorial waters to ensure compliance and quick
response to pollution alerts and also helicopter for aerial surveillance.
・ Challenge of instituting attitudinal changes in the Niger-Delta areas throughsensitization programs to prevent pollution as a result of vandalized pipelines
・ Lack of basic mandatory training for the officers of the Marine Environment
Management (MEM) department of the agency for effective discharge of their tasks.
・ Inadequate operational vehicles for the department and the zonal offices to ensure
effective implementation of statutory functions.
5. Conclusion
The importance of maritime trade and activities in the economy of a country cannot be
over-emphasized. Nigeria has benefitted immensely from its maritime sector. However, thereis the need to monitor and protect the marine environment in order to ensure sustainable andenvironmentally friendly shipping and other forms of maritime activities. The Nigerian Maritime
Administration and Safety Agency (NIMASA) must be empowered, well equipped and funded to
do this. NIMASA must ensure that all Nigerian seaports comply with the provisions of MARPOL
73/78 and practice the United Nations Environment Program’s concept of Green Economy for
improved human well being and social equity and also reduce significantly, environmental damage
and threat to the ecology of the Nigerian marine environment. NIMASA should collaborate withother maritime agencies in the nation such as the Nigerian Ports Authority (NPA), Shippers’
Council, Nigerdock to improve the industry in Nigeria.
References:
Ward-Geiger, L. L., Silber, G. K., Baumstark, R. D., & Pulfer, T. L. (2005). Characterization of Ship
Traffic in Right Whale Critical Habitat. Taylor & Francis Inc., doi: 10, 1080/08920750590951965.
ISSN 0892-0753.
Watson, T. (2004). Ship pollution clouds USA’s skies. USA Today. Retrieved November 1, 2006
from http//www.usatoday.com/news/nation/2004-08-30-ship-pollution_x.htm
Huettel, S. (2004). “Liner may have dumped oily water, reports say”. St. Petersburg Times http/www.sptimes.com/2004/04/11/Business/Liner may have_ dumped.shtml.
Nathaniel. V. O. (2013). Environmental Impact of Ship-Generated Waste At Nigerian Seaports.
The Nigerian Tycoon, Vol.3, No. 15.
NIMASA (2012).  Managing Marine Environment Pollution in Nigeria The Nigerian Tycoon. Vol.
6 issue 1.
Olokoba, S. O. (2006). Maritime Business. Lazokoroji.wordpress.com/page 12179Transport & Logistics

KENYA FERRY SERVICES LIMITED
Musa Hassan Musa, Kenya
Background: Kenya Ferry Services Limited is a state corporation registered in 1989 underCompanies Act Cap 486 Laws of Kenya .
Vision: A Ferry service of choice .
Mission: To efficiently operate a safe, reliable and sustainable ferry services that is customer
driven and meets the expectations of stakeholder.
Core Values: Team work, Integrity Equity, Customer focus, Sensitivity to the environment
Strategic objective:
・ Mobilize and develop resources to achieve a sustained competitive advantage.
・ To operate and manage a sustainable viable ferry service that is safe and reliable within theset operating schedules in line with the changing demands.
・ Enhance and sustain good corporate image of the company.
・ To institute and implement sustainable corporate governance programs that will instill
integrity, promote responsibility, accountability and a positive business culture.
・ To ensure enactment of an enabling legal framework supportive of the Company’s businessobjectives and growth.
Mandate:
The core mandate of the company as per its Memorandum and Articles of Association
is inter alia to acquire, maintain, operate and manage ferries, boats and other vessels fortransporting of passengers, petroleum products and other cargoes ; and to sell, lease exchange,transfer and dispose of such ferries or vessels as may be deemed profitable to the company, tomeet present and future needs of its customers.
Current company activities:
・ Currently the company's main activity is the provision of a ferry link to both pedestrians andvehicle traffic. Our main areas of operation are Likoni and Mtongwe.
・ Pedestrians constitute about 70% of the total business volume whereas vehicles account for
30%. Vehicles pay government approved toll charges, while pedestrians cross free of charge.
Current operation levels:
The ferries serve an average of 300,000 pedestrians and 5,500 vehicles daily. The company
is 80% owned by the Government of Kenya and 20% by Kenya Ports Authority.

80Transport & Logistics

Operating schedules

Departures from either end

0400 Hrs – 500Hrs(30 minutes frequency)

0500 Hrs – 0600 Hrs(15 minutes frequency)

0600 Hrs – 1000 Hrs(10 minutes frequency)

1000 Hrs – 1700Hrs(15 minutes frequency)

1700 Hrs – 2000 Hrs(10 minutes frequency)

2000 Hrs – 0200 Hrs(30 minutes frequency)

0200 Hrs – 0400 Hrs(60 minutes frequency)

FLEET/FERRIES
Currently the company operates seven ferries namely :Vehiclesppedestrians

MV. Likoni

60

1550

MV K
MV.
Kwale
ale

60

1550

MV. Nyayo

60

1200

MV. Kilindini

40

1440

MV. Harambee

40

1440

MV. Pwani

40

1200

MV. Mvita-

900

FERRY DEMAND ANALYSIS AND FORECASTING
Pedestrian demand analysis and forecasting:Yearpassenger

trend%

2011/2012

118,300,57230

2012/2013

141,960,686

20

2013/2014

163,254,789

15

2014/2015

187,743,008

15

81

Transport & Logistics

Demand for ferry services by vehicles

Year

vehiclestrend%

2011/2012/

2,021,785,,5

2012/2013

2,121,983

5

2013/2014

2,228,083

5

2014/2015

2 339 482
2,339,482

5

ACHIEVEMENTS
Modernizing of fleet / ferries
・ The company has embraced the modern technology by modernizing its fleet of ferries byacquiring 2 new and faster ferries in 2009 so as to deliver quality service- “M.V. Kwale” and“M.V. Likoni”.
・ The three aged ferries “M.V. Nyayo”, “M.V. Kilindini” and “M.V. Harambee” have been
upgraded following the installation of new engines - C-12 engines.
・ The company is committed to operating safe ferries which conform to the IMO standard
regulations and requirements. To realise this, our vessels are subjected to annual dry docking
maintenance schedules. Currently all ferries have undergone dry docking except for “M.V.
Kwale and “M.V. Pwani”.
Safety and security
・ Kenya Ferry Services as a company handling human traffic has invested capital resources
to ensure that the ferry users are safe and secure both at the waiting bays and on board theferries.
・ To realize this, the company has installed (14) Modern Safety and security screening turnstiles
located at Island and Mainland waiting bays.
・ We continue as a company providing security to our ferry users by installing 24hr surveillancecameras and working closely with the police and other government security agencies in linewith International Ship Port Security (ISPS).
・ The company has invested in the provision of safety gadgets including life jackets, life buoys,
life rafts and life rings.
・ Fire fighting equipment:- cylinders, fixed sprinklers system.
・ Traffic segregation and enhancing safety promotions through daily safety announcements.
MAJOR PROJECTS
It is worth noting that the company is undergoing continuous transformation to improve on
82

Transport & Logistics

service delivery.
The following projects have been initiated and work is in progress :・ Expansion of ramps both Island and Mainland
・ Rehabilitation of maintenance jetty.
・ Rehabilitation of Mtongwe pontoons and pedestrians jetty
・ Acquisition and installation of weighbridge to boost revenue collection.
・ Development of the Island/Mainland ramp
・ The company has awarded a transaction advisory services for the development of Island
infrastructure though Private Public Partnership (PPP).
・ The company has initiated a feasibility study for establishment of the Mombasa wider ferry
services and Lake Victoria.
You will appreciate that the above projects are underpinned to support South Coast Resort
City which is a flagship project of Vision 2030.
CHALLENGES
Finally, I would like to mention that as a company we have had our share of challenges
which we continue addressing several mitigation.
・ Inadequate funding.
・ Increasing human traffic.
・ Inadequate infrastructure (alternative land for expansion).
MaintenanceAll the maintenance for the ferries and its assets are pre-programmed, and handled by theengineering department. This department consists of three sections i.e.
Mechanical, Electrical, and General Maintenance. The maintenance programmes are
divided into the following four categories:
・ Routine Maintenance: This involves the servicing of one ferry on a daily basis. This programis intended to ensure that each ferry is serviced at least once every week
・ Planned Maintenance: This is done as per the manufacturer’s schedules.
・ Lloyds Class Requirements: The ferries are registered under Lloyds class and fall under thefollowing class service schedules.
・ Annual Survey: In this survey, ferries are inspected by a class surveyor once a year, checking
for mechanical & safety conditions of the vessels.
・ Docking survey: The class certified ferries undergo docking survey every two and a half years,
where the structural conditions, cathodic protection against sea barnacle growth, and general
operating equipment is done. This survey is done at the African Marine dry dockyard.
・ Special Surveys: This is done once every 5 years. This inspection covers a complete overhaulingof all operating equipment i.e. the main engines, propellers, general service pumps, safety
equipment, communication equipment, generators and e.t.c.
・ Intermediate Surveys: This inspection is done by the class surveyors at a time determined by
the surveyors.

83Transport & Logistics

DEVELOPMENT OFINLAND WATER TRANSPORT
IN MALAWI (Talking Paper)
Joseph Sheketeni BANDA, Malawi
First, allow me to thank the conveners for giving me this opportunity to make thispresentation about Maritime Affairs of Malawi. But before I do so let me introduce myself. I am
Joseph S. Banda from Malawi, the newly and only Sasakawa Fellow in Malawi.
As I said the presentation is about Water Transport in Malawi.
First allow me to give you the outline of the presentation ;・ I will first introduce to you the geographical location of Malawi, facts about Malawi and we will
also look at Lake Malawi, which is the centre of my presentation.
・ We will also look at the background of water transportation in Malawi, how and when moving
cargo/passengers on water began
・ On shipping services I will talk about ship operation and the types of ships that are used tomove cargo from one point to another.
・ We will move on to look at Malawi Lake Ports and also how the ports are operated.
・ Furthermore I will talk about the Malawi Maritime Administration as the water transport
subsector in Malawi.
・ Before I conclude I will share with you what we are doing, Malawi as a nation, to improve
inland water transport in the country by looking into the future.
FACTS ABOUT MALAWIMalawi is a landlocked Country in theSouthern Eastern Africa, and is boarded by
Tanzania to the northeast, Mozambique to theeast and Zambia to the west. It is occupying
118,480 sqkm of land with a population of about
14 million people. Its capital city is Lilongwe,

 Malawi,

where is it
on Earth?
 Size◦ 118,480 sq km
 Population◦ 14mnwhich is also the center of political governance.
The economy is Agro based; heavily dependent
on agriculture, where tobacco is the main cash Economy◦ Agro-based

crop. Other crops are coffee, sugar, with maize(corn) as the main food crop. Recently we haveseen ourselves diversifying into other areas of wealth creation for the country; that is mining andtourism. On mining we are currently doing on Uranium, but there are prospects for oil and gas
under Lake Malawi seabed.
LAKE MALAWIThe northern part of the Country is largely boarded by Lake Malawi which is 570Km long84

Transport & Logistics

and average width of 50Km, and occupies 28,800 sq Km of the country. (see Map next page)Out of the 4transport corridors that give the country access to the outside world, Lake
Malawi forms a link of the North Transport Corridor through Dar eslaam in Tanzania.
Thelake has one main inlet river (songwe) which also forms a boundary between Malawi
and Tanzania in the north. Shire River is the main outlet in the southern district. This river joinsa bigger river (Zambezi River) in Mozambique, and finally drains into the Indian Ocean.

WATER TRANSPORTATION IN MALAWI
Water transportation in Malawi started in 1934, not very long ago if we are to compare withthe outside world.  However, our ancestors used to undertake either transportation or fishing onlake by using dugout canoes. In those olden days people on both side of the lake were trading witheach other, and they were crossing the lake in order for trade to happen.
When the British came and saw the potential for waterborne trade they brought inmotorized vessels and introduced regular services, to carry goods and people. Their main objective
was to link up the Northern and Southern parts of the country. At that time the Southern part85

Transport & Logistics

was well covered with rail network and they could not do the same in the north because of theterrain. In the absence of all seasonal and tarma croads parallel to the lake going to the north,using the lake was unavoidable choice. And so the British saw this necessary to introduce regularshipping services, and the first company to do this, which was also a government company, wasMalawi Lake Services a subsidiary of Malawi Railways.
There are 2 main ports on the lake namely Chilumba in the far north, Nkhatabay, Chipoka
in the center and Monkey bay in the south. There are also other call points along the lake andalso at Likoma and Chizumulu Islands. These are not so well developed but they are safe enoughfor passengers to board on and off.
SHIPPING SERVICES
As I said, ladies and gentlemen, the first company to venture into water transport camewith the British, and it was the same company that was also operating the rail and so it wascalled Malawi Railways Ltd. This was a government company. Until few years ago, Malawi
government decided to allow private interested investors to run the company on Public Private
Partnership (PPP) arrangement. So the new company, Malawi Shipping Company, is privately
owned and offers both freight and passenger services. Like I said, the lake forms part of theNorthern Transport Corridor, there is a lot of cargo that comes in the country through Tanzania
and Mozambique. For example, Coal, fertilizer, petroleum products, just to mention a few. Other
cargos are agricultural produce locally produced in the country, these are; Tobacco, Coffee, Maize
etc.
PORT SERVICES
When the first Company introduced the shipping services it was the same company that
also had to locate suitable places along the lake where landing facilities were constructed. The
four main ones are Chilumba, Nkhatabay,Chipoka and Monkeybay. These are the ones thatwere identifies as having naturally deep waters and well sheltered. Out of the four Chipoka
port is the only port that has both road and rail connections. It is somehow a very busy port andit complements to Chilumba port in the north for being the only two ports that have container
terminal facilities.
Let me say that, in the view of shipping services concession got out, the government
continued operating the ports until five months ago, when government gave the operations to a
private company on PPP arrangement.The new company now is called Malawi Ports Company.
This will allow private investor to run the ports competitively and efficiently; reduce queues forberths, reduce ship’s waiting time, all resulting in reduced port charges. The government remains
with the role of a regulatory authority, regulations for the development and operation of lakeports in the country.
MARITIME ADMINISTRATION
All matters relating to water transport are taken care of by the Marine Department, which
is a regulatory arm of the Ministry of Transport and Public Works on water transport sub sector.
Malawi became a member of IMO in 1984 and since then the government of Malawi through86Transport & Logistics

the Marine Department has benefited much from the conventions and training offered by IMO.
Malawi is also a member of Port Management Association of East and Southern Africa (PMAESA),a grouping of ports in the Southern Africa and Development Committee (SDAC) region, aiming at
sharing information and experiences on port management and operations.
The mandate of the department is prescribed in the Inland Water Shipping Act and thisprovides a legal framework for the water transport subsector. The department therefore has thefollowing core functions :1. The first function is that of regulating the marine transport services.  This function is further
divided into two divisions: division that ensures safe operation of ships and the other one that
ensures standards for port operation and management.
・ The safety division has the following functions ; registration of vessels, examination andcertification of seafarers, ship surveys and Law enforcement.
2. The department has also the function of providing training for Malawi Seafarers. Malawi hasa fully-fledged Maritime Training School where maritime education for officers and seamen isoffered. However the school does not have programs to train workers and officers in the port
sector, and often training in this field has been obtained from outside the country.  
3. The last core function for the department is to deal with Malawi maritime environmental
problems. These are common environmental problems facing Malawi lake ports and ship
operation. Examples are; emission to air, oil pollution, discharges to water, noise, emission tosoil, and waste production. The role of the department in this regard, therefore, is to ensurethat the port and ship operators comply with maritime environmental policy which refers to
issues such as sustainable development and society integration.
CHALLENGES
Water transportation in Malawi faces a lot of challenges that are Maritime related: generalwater transport sub sector development. Listed below are some of the challenges identified in thisregard.
・ The provisions of the inland Waters Shipping Act were established prior to the concession of
the lake shipping and port services. The Act does not have a facilitative environment for theoperation of shipping and port services concessions.
・ In light of the privatizing the water transport operations and infrastructure development
on PPP arrangements, government now finds that it has no adequate capacity to monitor
and evaluate these concessions. This is a challenge at the moment, and this means that the
government shall have to consider training people in this specialized area.
・ The regulatory framework and the enabling legislation are lacking and outdated respectively.
・ Chipoka port is the hub of integrated transport as is strategically located and being servedwith three modes of transport at the same time; road, rail and water. The only setback withthis port is siltation. There is often times need to do maintenance dredging, and it is costly.
FUTURE PROSPECTS
Finally, the government through the Maritime Administration, in its quest to reduce cost of
freight transport, is doing all it can to find better and cost effective corridors that could respond87Transport & Logistics

to this aspiration. The Shire River that connects the Zambezi River in Mozambique itself drains
into the Indian Ocean. The distance is only 250km. The government embarked on a study to see
the possibility of using these two rivers to connect us to the Ocean. Since it is a regional projectas other members in the SADC region are likely to benefit from it, African Development Bank
(ADB) is funding the studies. As you can see below, already interested investor has built a 300
meter quay as part of a fully-fledged river port on the shire river.
The success of this project will mean that waterborne trade will be enhanced, making
significant contribution to the economic growth of the country.

A 300 meter Quay wall on Shire River
CONCLUSION
In my conclusion I wish to end this presentation by saying that;・ Traditionally water transport in Malawi is restricted to domestic trade as access to the outside
world is seemingly done in conjunction with other modes of transport (multimodal transport).
・ The Maritime Administration is working out toward establishing national ports authority upon
review of the Act now that appropriate regulations would have been in place.
・ Upon successful implementation of shire Zambezi water way, Malawi as well as other member
states in the SADC region stand to benefit from the reduced landing cost of all freight coming
into the region from the outside world and this will ultimately trickle down to the consumers.

88Transport & Logistics

CABOTAGE

Its implications and potentials
Catherine HAIZEL, Ghana
The development of cabotage is considered as one of the basic instruments for stimulating acountry’s economy.
Cabotage has the advantage of creating specialized employment and the acquisition of theknow-how that is necessary for the development of maritime transport and through the whole
Maritime transport logistics service provider industry. It therefore facilitates the development
and growth of a modern domestic waterborne transportation system and infrastructure that could
be used to support the nation’s international trade
It encompasses more than a simple commercial operation of vessels. It is for this reason thatmany countries worldwide have defined policies of support to the existence and development of
their national cabotage services because it also serves as an instrument vital for the stimulationof the economy, in foreign earning savings, creation of employment and in the consolidation of theactivities that constitute the whole Maritime industry.
Currently, two types of cabotage regimes, strict, relaxed or liberalized are being appliedby different countries. The adoption and application of either of these types are determined bynational economic and shipping interests, the socio-political, and other local factors. In what is
termed a ‘’strict’’ maritime cabotage legal regime, the four elements of restrictions that is where
domestic shipping trade is restricted to ships built, owned, crewed and operated solely by citizens(or flag ships) apply. The object of strict cabotage policy is to exclude foreign-built, owned, foreign
crewed and operated vessels.
Cabotage laws on the other hand are said to be relaxed, or liberalized if any of the four
elements are not strictly enforced and there is some level of foreign participation either in theownership or building of the ships used and nationality of the operators involved, or foreignregistered ships’ involvement, in a nation’s coastal shipping is allowed. The United State ofAmerica, the ‘’apostles for free trade’’ follows the strict cabotage regime.
Closer home, Nigeria is one country that has comprehensive cabotage legislation. Nigeria
like the USA follows a strict cabotage regime. Section 3 to 6 of the Coastal and Inland Shipping(Cabotage) Act 2003 reserves the bulk of Nigeria’s coastal trade i.e. the carriage of goods andpassengers, where possible on vessels built, owned, registered in Nigeria and manned by qualified
Nigerian seafarers. The four pillars of the Nigerian cabotage regime are therefore that:
・Cabotage vessels must be wholly owned by Nigerian citizens;・Cabotage vessels must be registered in Nigeria;
・Cabotage vessels must be manned by Nigerian citizens; and・Cabotage vessel must be built by Nigerian shipyards.
Malaysia on the other hand is a country that has relaxed cabotage policy. Malaysia’s
shipping policy allows foreign registered vessels to be licensed by the Domestic Shipping Licensing
89Transport & Logistics

Board (DSLB) to engage in the local cabotage trade where the Malaysian Shipping Association(MASA) confirms there is no available Malaysian registered vessel to do the job. Available datashows such temporary licensing of foreign vessels is most pronounced in the carriage of chemicals
and oil.

Ghana Shipping Act

The cabotage regime in Ghana is provided for under section 1 of the Ghana Shipping Act

dealing with restriction on trading in Ghanaian waters. The section reserves trade in Ghanaian
waters for only Ghanaian registered vessels.
The Ghana Shipping Act was amended by Act 826 of 2011 following the exploration andproduction activities taking place offshore. This amendment extended the Ghanaian maritime
jurisdiction to shipping activities within the 500 meters safety zone generated around offshore
installations. The amendment further extended local trading activities from the shore to theoffshore and reserved it for Ghanaians.
Act 826 (Section 1A inserted in Act 645) recognizes the fact that Ghana lacks capacity interms of human and other logistical resources to perform some of the functions involved in the
exploration of this oil therefore a permit regime has been created within the law to allow owners
of foreign registered vessels to engage local trade provided certain conditions are met.
By inference it can be seen that Ghana’s laws are relaxed (S2.7.1b & S2.7.2) since there is
the leeway created for foreign participation.
There is however no concrete cabotage policy in existence, which details the rights andobligations of operators who might want to participate in the oil business in Ghana.
A Cabotage Regime can only function effectively in an efficient maritime regulatory
framework that is favorable to its development. The type of regime adopted therefore needs to be
fashioned so as to support the national maritime policy.
A national maritime policy must also necessarily form part of an overall national
development plan and must have verifiable goals and objectives.
Taking cognizance of the current environment in the maritime sector, a prospective
Ghanaian cabotage regime would therefore need to follow the relaxed regime in order to limit its
scope of application, the objective being to encourage partnerships between foreign and domestic
companies while building required capabilities through a well-structured and carefully monitored
knowledge transfer system. Currently among the four elements of cabotage, order of availabilityof resources locally can be said to be manning, managing (operation), owning and building.
SEPARATE REGISTRY
A prospective cabotage regime for the country will therefore need to address three main
issues. First, a separate registry of cabotage vessels will need to be set up. This will specify
the types of vessels to be registered which will be, (a) wholly Ghanaian owned vessels (b) joint
venture owned vessels (c) bareboat chartered vessels (d) foreign owned vessels and (e) temporary
registered cabotage vessels.
To do this, a Registrar General’s Department will need to be set up within the GMA tooversee the registration of both vessels and to maintain the records of registered cabotage vessels
90

Transport & Logistics

and seafarers, as done in most countries. The GMA will be responsible for ascertaining skill
requirements and development of what is required for the industry. It will also be charged with
monitoring of knowledge transfer and ensuring foreign companies adhere to any agreements
made in connection with joint ventures.
Cabotage fundThe second issue is the setting up of a cabotage fund into which all levies will be paid.
This will serve as a source of funding for developing local capacity in ship acquisition. The mostimportant issue is the need for knowledge transfer. The cabotage regime should categoricallyincorporate provisions for foreign vessels permitted to register in the cabotage register to put inplace training plans for locals or be encouraged to set up research facilities in our institutions.
Such encouragement of partnership creates a win-win situation for all the parties’ involved,
foreign operators, government and the local people of Ghana. A well-structured and carefully
monitored knowledge transfer system ensures that the local people develop required growthin competence to compensate for resource depletion, the Government enhances its bargaining
position in future endeavors through the development of competence and the knowledge basewhile the foreign operators develop a core of necessary local skills for continued future operations
especially given that Ghana’s oil and gas industry being new has got a long economic life.
Ghana should also exhibit the leadership qualities it has always shown by incorporating ameasure of regional cabotage objectives into any prospective policy. This means that provisions
should be made for resources of ECOWAS (The Economic Community of West African States)
member states to be given special access and priority to the local trade. This will in the long run
serve to promote regional co-operation under the ECOWAS objectives.

Conclusion

Ghana needs to face realities and recognize our shortcomings. A prospective policy should

therefore be manageable with well spelt out monitor-able and verifiable objectives. Whileencouraging partnership between foreign and domestic companies, the Government must ensurethat knowledge transfer is actually taking place by making things like research and training
programs mandatory in all partnership agreements.

91Ports & Maritime Industries

Exchange of information on Maritime Affairs - Madagascar
Jean Edmond RANDRIANANTENAINA, Madagascar
Madagascar is an island located in the Indian Ocean and situated four hundred kilometersfrom the east coast of Africa. As an island State, it is obvious that maritime affairs are of capital
importance for the country. In the following presentation, three areas of the maritime affairs
will be discussed namely the Madagascar maritime profile, the ocean governance, the maritime
transport administration and the current maritime issues.

1. Madagascar maritime profile

Before addressing any subject in the maritime field, it is important to know the maritime

profile of the country in order to better comprehend the issues that are currently going on. It is in
this perspective that there is a need to discuss at first Madagascar maritime profile.
Madagascar is the fourth biggest island in the world. It is located in the Indian Ocean in
the east of the African continent. The size of the country is around 587,041 square kilometerswith a population of 22,585,5171. It has 5,000 kilometers of coastline, 253 small islands, 111,
120 square kilometers of Territorial Sea, 1,140,000 square kilometers of EEZ (Estimation) and a
Search and Rescue Region of 4 million square kilometers. From these different numerical data,
it can be drawn that the maritime areas under
the jurisdiction of Madagascar are vast and the
responsibility of the country in the maritime
domain is immense.
Madagascar has various marine resources
be it living resources or non-living resources.
In terms of living resources, Madagascar has

5.000 km of coastline
253 small islands
111.120 km² of Territorial Sea
1 140 000 km²
1.140.000
km of EEZ
Continental Shelf revendicationin process
SRR of 4Millions Km²coral reefs (380 species), mollusks (525 species),
coral fishes (750 species), pelagic fishes (suchas tuna), sea turtles (5 species), seabirds,

WMU SASAKAWA FELLOWS’ MEETING IN THE AFRICAN REGION

mangroves, shrimp, lobster, crab, dolphins,
and whales. As far as non-living resources are concerned, oil and gas are at the moment under
exploration.
Based on its marine resources, the maritime activities in Madagascar are mainly foundedon shipping, fishing, maritime tourism, and oil and gas exploration.
From the above mentioned information, there is no doubt that Madagascar has an incredible
potential in the maritime field. Nevertheless, the country faces various threats such as maritime
piracy and armed robbery against ships, rosewood and drug trafficking, illegal fishing, illegal
immigration, oil pollution and tsunami threats.

1 July 2011 etimation

92

Ports & Maritime Industries

2. Ocean governanceConsidering the great potential of Madagascar in the maritime domain, it is interesting tohave a look on its ocean governance. In Madagascar, ocean governance is based on internationaland national legal basis. Among the international instruments, we can cite the United Nations
Convention on the Law of Sea (UNCLOS), the International Maritime Organization (IMO)
conventions and instruments, and other pertinent maritime conventions such as those of
the International Labor Convention and those related to the maritime commerce to which
Madagascar is party to. These international conventions and instruments are incorporated invarious national legislations and regulations from which are based the actual ocean governanceorganization. The major maritime national legal instruments are the maritime code, the fisheries
laws and regulations, the environmental laws and regulations, and the mining code.
In terms of organization, the responsibilities in the maritime domain are allocated toseven ministries namely the Ministry of Defense (Maritime security), the Ministry of Transports(Maritime transports and safety), the Ministry of Environment (Marine environment protection),
the Ministry of Higher Education and Scientific Research (Marine scientific research), theMinistry of fisheries and Halieutic Resources (Fisheries management), the Ministry of Land
Settlement (Hydrographic survey and production of charts), the Ministry of Mines (Marine
non-living resources management) and the Ministry of Foreign Affairs (Maritime international
relations).
ADMINISTRATION INVOLVED IN THE MARITIME DOMAINOFFICE OFTHE
PRESIDENT
OFFICE OF
THE PRIMEMINISTERMINISTRYOF
DEFENCEGENERAL
STAFF OF THE
MALAGASY
ARMED

MINISTRY OF
TRANSPORTS

STATE
SECRETARIATOF
GENDARMERIE

APMF(Port ,Maritime
andad WateWaterways
ways
Agency)NAUTICALBRIGADEENEM(National
Institute ofNautical Studies)

FORCES
MALAGASY
NAVAL
FORCESMINISTRY OF
ENVIRONNEMENTPOLLUTION
DIRECTORATEOLEP(MarinePollution
Organ)ONE(National
Office ofEnvironment)

MINISTRY OF
HIGHEREDUCATION ANDSCIENTIFICRESEARCH

MINISTRY OFFISHERIES AND
HALIEUTICRESOURCESCNRO(National
Centre of
Oceanographic
Research)

CSP(Fisheries
SurveillanceCentre)IHSM(MarineBiologyi
Research
Institute)

AMPA((Malagasy
g y
Fishing and
Aquaculture
Agency)MINISTRY OF
LAND
SETTLEMENT

FTM
(M d
(Madagascar
Chart andHydrographic
National
Centre)MINISTRY
OF MINESMINISTRY
OF FOREIGN
AFFAIRSOMNIS(Madagascar Officeof Mining andStrategic
Industries)

CNRE(National
Centre ofEnvironmental
Research)

93

Ports & Maritime Industries

3. Maritime transport administration:

Maritime transport has an importantrole to play in the economy of Madagascar. In
this regard, Madagascar has seventeen ports
among which six are opened to international
trade. Annually, Madagascar ports altogether
handle 5,325,264 tons of cargo where 3,987,337

FACTS AND FIGURESMADAGASCAR PORTS

NUMBER OF PORTS : 17
(06 ports open to international
trade)
Cargo handling statistics :Annual : 5,325 ,264 tons (Total)(International: 3,987,337 tons,
Domestic: 1,337, 927 tons)

tons are for the international trade whereas

FLEET : 1,173 Units (Total),
41 801.57
41,
801 57 GRT

1,337,927 tons concern the domestic trade.

SEAFARERS: 4,107 (Total serving
in Commerce & Fishing), 2,500(International seafaring)

To ensure the transportation of these goods,
Madagascar does not have ships operating

WMU SASAKAWA FELLOWS’ MEETING IN THE AFRICAN REGION

internationally in a long distance shipping
route but has only very few ships flying its flag ensuring the liaison with the neighboring islands
and the majority of its fleet operating domestically. From the 2012 statistics, Madagascar has
1,173 units which represent 41,801.57 GRT. These units are used in shipping activities (cargo andpassenger transportation), fishing activities, and maritime tourism and leisure activities. In termof seafarers, Madagascar disposes 4,107 seafarers serving in shipping and fishing among whichalmost 55% work in international seafaring. From these facts and figures, it can be concluded that
despite the great potential of Madagascar in the maritime domain, the maritime activities andthe number of deployed means (assets and human resources) supporting them remain low.
The Ministry of Transports is the authority in charge of the maritime transports
administration in Madagascar. To do so, it has one General Directorate and one Directorate at
the ministry level and two autonomous public agencies. The Ministry of Transports, through its
General Directorate of Maritime, Waterways and Air Transport and its Directorate of Maritime
and Waterways Transport, is in charge of the maritime transport national policy formulation,
the planning and the overall supervision of the activities. The Agence Portuaire, Maritime et
Fluviale ? APMF (Port, Maritime and Waterways Agency), which is an autonomous agency
under the Ministry of Transports, is in charge of implementing the national policy on maritime
transport and acts as port authority as well as maritime authority. As a port authority, the APMF
is responsible for regulating port activities and infrastructure. It plays also an important role in
the economic development promotion of ports in Madagascar. As a maritime authority, the APMF
is in charge of maritime safety administration and are greatly involved in ship safety regulationand supervision, in SAR, and in seafarer’s training regulation and supervision. With regards toseafarer’s training, Madagascar has one National Institute of Nautical Studies known as the“ENEM” (Ecole Nationale d’Enseignement Maritime) which trains seafarer for the merchantmarine and the fishing domain.

94

Ports & Maritime Industries

MINISTRYY OF
TRANSPOORTS

Nationnal policy
formulationGEN
NERAL DIREC
CTORATE OF
MARIITIME,WATER
RWAYS ANDD

A TRANS
AIR
SPORT

Planniing

DIRE
ECTORATE OF MARITIME
AND WATER
RWAYS
TRANSPO
ORT

SupervvisionNational poN
olicy
implementa
ation
PORT, MA
ARITIME AND
D
WATERWAAYS AGENCYY(A
APMF )

Traininng ofseafareers(Commmerce andFishingg activities))

Port & Marritime
P
A
Authority

NATIONA
AL INSTITUTE
OF NAUTIICAL STUDIE
ES
(E
ENEM)

Fig. 1 Maritime transport administration in Madagascar

THE ENEM

THE APMF

PORT, MARITIME AND WATERWAYS AUTHORITY
NATIONAL INSTITUTE OF NAUTICAL STUDIESWMU SASAKAWA FELLOWS’ MEETING IN THE AFRICAN REGIONWMU SASAKAWA FELLOWS’ MEETING IN THE AFRICAN REGION

4. Maritime issues

At present, there are several issues that need to be solved in Madagascar in the maritime

domain to ensure an adequate development of this sector. These issues are related to the ocean
governance as well as to the maritime safety and security.
The issues related to the ocean governance are twofold. The first issue that needs tobe solved is the dispute on the sovereignty over the “Eparses Islands” between France andMadagascar. The resolution of this dispute is of high importance for the country as it is the basisof the maritime zones claim and the foundation of a prosperous future in terms of energy as themaritime zones around the ‘Eparses Islands” have several oil and gas reserves. However, theresolution of this dispute depends not only on political will but more on the existence of expertisein field of the law of the sea, diplomacy, and maritime technical and scientific domain. Oncethe dispute on the sovereignty over the “Eparses Islands” is resolved, it will be easier to settle
95

Ports & Maritime Industries

the maritime boundary delimitation between
Madagascar and its neighboring countries.
The second issue related to ocean governance

ISSUES REGARDING OCEAN
GOVERNANCE

is the lack of national maritime policy. Linked• Dispute on sovereignty overthe “Eparses Islands”

with this absence of national maritime policy• Maritime boundary
delimitation with neighboring
countries

is the non-existence of an organizational• National Maritime Policy

structure ensuring the overall coordination of• Overall coordination of theactivities of alladministrations involved inocean governancethe activities of all administrations involved inocean governance.
I n t h e a r e a o f m a r i t i m e s a f e t y,

WMU SASAKAWA FELLOWS’ MEETING IN THE AFRICAN REGION

Madagascar suffers from the lack of qualified
human resources, because the retired qualified personnel were not replaced over years. Hence,
there is a need of training and recruiting of maritime lawyers, maritime administrators andmarine surveyors. This will boost and strengthen the regulatory work and supervision of maritime
safety attributed to the APMF. One of the biggest problems in the field of maritime safety isrelated to the age of the fleet which is very old and causes enormous issues in maritime casualty.  
As far as maritime security is concerned, the insufficient means, in terms of funding and assets,
to ensure a proper maritime surveillance, is the main issue regarding the ability of Madagascar to
face the maritime threats mentioned previously.

Conclusion

As an island state, Madagascar has lots of potentials in the maritime domain either interms of marine resources or maritime activities. However, due to a certain number of issues inocean governance, and in maritime safety and security, the development of the maritime sector in
Madagascar faces obstacles. In this regard, the solutions reside in the establishment of a national
maritime policy and an organizational structure which will permit the overall coordination of
the activities conducted by all the State departments and stakeholders involved in the maritime
domain. In addition, there is a real need in terms of capacity building in the field of humanresources and in the area of operational and financial means in the maritime sector. Apart fromthe political will, international cooperation is one way through which Madagascar can overcome
these challenges. In this perspective, the supports of the international organizations such as IMO
and the UN (through its Department of the Law of the Sea), the regional organizations such as
the AU, SADC and IOC, the bilateral cooperation with experienced maritime nations like Japan,
France, UK, South Korea, etc., the NGOs programs such as the Nippon Foundation maritime
programs like the WMU Sasakawa Fellow are indeed wished.

96Ports & Maritime Industries

DAR ES SALAAM PORT
Stella Joshua KATONDO, Tanzania

BRIEF INTRODUCTION

Dar Es Salaam port is Tanzania principal port owned and operated by Tanzania Ports

Authority (TPA) with a rated capacity of 4.1 million DWT dry cargo and 6.0 million DWT bulk
liquid cargo. It has a total quay length of about 2,000 metres with 11 deep-water berths.
The Port is headed by the Port Manager who is assisted by the Assistant Port Managers on
Operations and Technical while the other is for Administration and Finance matters. it operates
24/7 with three 8 working hourly shifts/day.
The port handles about 95% of the Tanzania international trade and it also serves transit
to and from the landlocked countries of Malawi, Zambia, Democratic Republic of Congo (DRC),
Burundi, Rwanda and Uganda. The Port conveniently facilitates trade not only to and from East
and Central Africa countries but also to Middle and Far East, Europe, Australia and America.
Some countries that rely on the Port of Dar es Salaam have their own cargo centers near
the port to clear and forward cargoes destined for that country. Mukuba Tanzania Limited
and Malawi Cargo Centers Limited (MCCL) owned by Zambia and the government of Malawi
respectively.

1. Terminals in the Port

The port is divided into four (4) main terminals; Grain, Oil and General Cargo, owned andoperated by TPA while Container is operated under lease contract by Tanzania International
Container Terminal Services (TICTS).
(Grain Terminal)
The Grain Terminal has silo with holding capacity of 30,000 tons of cargo and is aerated andtemperature-controlled, used for import and export of grains like maize, rice, and wheat.
(Oil Terminal)
Oil terminal has two basic handling stations, the Kurasini Oil Jetty (KOJ) with facilities
which are capable of handling coastal vessels of 5,000 DWT and deep-sea vessels up to maximum
size of 45,000 DWT of refined products and a Single Point Mooring (SPM) which handles crude oilwith allowable capacity of receiving ships of maximum size of 120,000 DWT.
(General Cargo Terminal)
General Cargo contains seven deep-water berths with 7 covered sheds covering 80,000m2
and total open storage areas of 50,000m2 divided into four sections; A, B, Lighter Quay (L.Q.)
and Motor Vehicle each headed by Principal Operations Officers (POO) ; is the P. O. O. of Motor
Vehicle section.
Berth no. 1, 2, 3 and 4 are for Section A while 5, 6, and 7 falls under Section B. Thesesections receive deep sea vessels while Lighter Quay handles lighterage and coastal vessels forboth cargo and passengers. They are all having storage facilities; covered (sheds) and open (yards)
97

Ports & Maritime Industries

for cargo and other amenities for passengers.
(Motor Vehicle Section)
Motor Vehicle Section is an exclusive subdivision in General Cargo Terminal (GCT) whichhandle wheeled units from vessels docking at the earlier mentioned sections. The section has apaved parking yard capacity of about 4,000 units.
The container terminal has three berths having length of 540 meters with capacity tohandle 250 thousand TEUs per annum which is operated by TICTS. This terminal covers about
18 hectares and contains 12,000m2 paved area with slot capacity for 6,255 TEUs.
Operations Department
The Department is headed by the Operations Manager assisted by POO, two (2) sittingat the Operations Manager’s office supporting in Operations Planning & Performance while thesecond deals with Administration matters of the department. The other four (4) including myself
are heading the said sections.

OPS
MANAGERP. O. O.
P&A

P. O. O.
A

P. O. O.
B

P. O. O.
M. V.

P. O. O.
LQ

S. O. O.

O. O.

A. O. O.

CLERKSFOREMANDRIVERS98

P. O. O.
ADMIN.

Ports & Maritime Industries

2. HIERACHIAL FUNCTIONING OF MOTOR VEHICLE SECTION(Motor Vehicle Section)
As mentioned earlier the section is
being headed by Principal Operations; myself,

MV ORGANISATION CHART

assisted by two Senior Operations Officer (SOO)
and then the hierarchial falls as it has been

P. O. O.

shown in the organization chart above.

S. O. O. ADMIN

S. O. O.
PERFORMANCE

OPS. OFFICERADMIN(My Duties as Principal Operations Of ficer

OPS .OFFICERPERFORMANCE

OPS. CLERK A
EXPENDITURE

ASST. OPS OFFICERPERFORMANCE

Motor Vehicle)
・ To participate in implementation ofOPS. CLERK AOPS CLERK COFFICEATTENDANTOPSOPS.
CLERK CFOREMANDRIVERS &TECHNICIANS

operational plans as received from
authority
・ An overall supervisor in operational activities as well as administration matters concernedin the section
・ To ensure a well recording and reporting system is maintained in the section
・ To liaise with Dry Ports / Inland Clearance Depot (ICD) operators in smooth running ofoperations.
・ To maintain close and good communication with Car Carriers/Ro-Ro vessel Shipping Agents.
・ To perform any other related duties as may be assigned.
(Motor Vehicle Section Objectives)
The section handles new and second-hand imported vehicles from small cars to large buses
and trucks intended for local, transit to neighboring countries served by the port and some few
transshipment units to neighboring isles of Comoro, Unguja and Pemba. It also manages theabnormal heavy loads such as earth-moving equipment and plants often in conjunction withmotor vehicles.
Tanzania being a developing country has no motor car industries for exports hence most of
the traffic the section handles is imports.
Dar Es Salaam Port has experienced exponential growth with throughput volumes soaring
from as little as 26,856 units a year in 2004 with an average of 2,238 units per month to 101,443
units as at September 2013 with average units per month of 11,271.
The growth of motor vehicle throughput is one of the TPA’s great successes. Initially driven
by the individual demand and financial capability of owning motor vehicles for Tanzanian citizens,
as well as neighboring countries serviced by the port. Another reason is massive construction ofdifferent infrastructures continuing in the same countries, due to economic reforms.
Taking a sample of motor vehicle statistics for 10 consecutive years, the graph here below
explains the growth in data.

99

Ports & Maritime Industries

MOTOR VEHICLE TRAFFIC - DAR ES SALAAM PORTYEAR 2004-2013
2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

Jan

2,264

2,064

2,347

2,697

3,596

4,342

4,315

4,037

5,063

8,134

Feb

2,068

3,955

2,886

3,154

3,722

2,376

3,662

7,132

7,287

9,423

Mar

2,428

3,153

3,014

3,996

5,775

4,269

5,549

7,161

9,683

13,316

Apr

1,984

1,884

3,390

2,619

4,406

3,555

5582

4,999

8,508

12,946

May

2,150

2,584

2,895

3,559

3,852

4,236

4677

7,647

11,609

7,795

Jun

1,913

2,513

3,559

2,997

4,647

4,826

4310

7,059

8,125

12,519

Jul

1,982

2,518

2,947

3,521

3,432

4,236

4625

5,915

7,091

10,371

Aug

2,351

3,329

3,170

3,222

5,344

4,864

5751

5,889

7,133

14,532

Sep

3,062

2,965

2,558

5,491

4,847

3,739

5909

6,757

11,23012,407

Oct

3,511

2,913

3,849

2,924

4,913

4,525

6579

8,781

12,006

Nov

810

2,675

2,021

2,983

5,143

4,475

7294

8,218

10,585

Dec

2,333

2,306

3,133

3,900

5,323

6,267

7012

7,909

16,650Total

26,85632,85935,76941,06355,00051,71065,26581,504

114,970

101,443

Average
Per
Month

2,238

2,738

2,981

3,422

4,583

4,309

5,439

6,792

9,581

11,271

3. REASONS FOR THE GROWTH

Efficient and reliable inland transport i.e. rail and road, is a key factor for cargo off-take.

As of now, Dar Es Salaam port is facing problem in transportation of its cargo to and from theport because rail and road are not in good shape but motor vehicles as cargo does not depend on
availability of carrying units rather they are self-driven hence enjoying being driven out of thegates (delivery) immediate after being discharged without delay. This becomes another catalyst toimporters of motor vehicles.
Economic reforms of countries in the whole area of East, Central and Southern Africa has
attracted investors to construction works of different infrastructures hence calls for importing
large amount of motor vehicles and equipment.
Alongside with the said reforms, a raise in economic and financial power of citizens of thesecountries has contributed an increase to ability of owning cars.
Availability of credits from banks and awareness of its availability have been another factor
which has led to increase in cars importation for Tanzanians and other nations from countries
served by Dar Es Salaam port.

4. CHALLENGES ARE FACING IN UNDERTAKING OF MY ACTIVITIES AS A HEAD
OF THE SECTION・ Yard capacity constraints

Due to an increase of the amount of units handled by the section the available yard capacity is
not sufficient・ Insufficient workforce
In comparison to an increase in number of units handled, labor requirement has also increased100Ports & Maritime Industries

so as to serve the intended customers satisfactorily.
・ Improper Motor vehicles yards hinders enforcement of safety regulations difficult.
Most of the yards are in temporary arrangement awaiting port modernization project to takeplace in the near future therefore they are not proper motor vehicle yards hence enforcement ofsafety regulations becomes difficult.
・ Non-interfacing in systems used in handling vessels and cargo in port.
This brings problems of double working in application of the two.
・ Lack of understanding of dry ports/ICD concepts to customers importing motor vehicles
Customers do except to receive their cars the port not to an extension.

5. SOLUTIONS TO THE CHALLENGES・ Capacity Constrains

The port has entered into contract with private operators who will be handling motor vehicles
as extension of the port into their yard as Dry Ports/Inland Clearance Depots. Contracts havebeen signed by three (3) operators since August 2012. The contracted companies are Farion
Trading Limited, Mas Holding and Container Depots and Trans Africa Logistics Limited.
・ Insufficient Staff
Training for Staff is ongoing activity in corporate plans of TPA so as to ensure the institute is
having a team of qualified staff to deliver intended services.
There has been hiring of casual staff to curb the situation of insufficient staff. Moreover in the
TPA’s corporate plans procedures of hiring permanent labor is on process.
・ IT utilization
Interfacing of systems currently used i.e. Cargo Management and Risk System of Tanzania
Revenue Authority (T. R. A.) and Cargo System of T. P. A. for handling vessels and cargo which
will serve time and other resourse in operations.
Emphasizing in IT systems in carrying out of all motor vehicle handling.

101Ports & Maritime Industries

KENYA MARITIME INDUSTRYCOUNTRY REPORT
Kennedy KISHAWI, Kenya
Stephen Mwamure TOYA, Kenya
Samwel Kipkosgei KIPTOO, Kenya
Elsie Nyabonyi BIKONDO, Kenya
Kenya has a coastline that stretches 480 Km along the Indian Ocean from Somali in thenorth to Tanzania in the south. This coastline is endowed with one major port in the region, thePort of Mombasa, and other ten (10) Small Ports. The potential of these small ports are limited
because most of the development activities are concentrated along the LAPPSET Corridor which
is served by the Port of Lamu and Mombasa-Nairobi corridor which is well served by the Portof Mombasa. Also as seen in the Map below in Fig 1.0, the hinterland connections are good anddistances are small.

EAST AFRICA EAST COAST

Figure 1.0 Map with port locations
Kenyan maritime industry is majorly built around port and port related activities. The Portof Mombasa serves a crucial Economic lifeline not only for our Economic but also the economies ofregional Countries. Due to its strategic position, the port is the gateway into the rich Landlocked
countries of Uganda, Rwanda, Burundi, northern part of Tanzania, DRC and South Sudan

102

Ports & Maritime Industries

KENYAN MARITIME FIELD EXPLAINEDThe Government of Kenya has put in place systems and mechanism to boost the industry

and maximize its potential to become a Maritime Nation in the region through enactment ofrelevant international treaties into the domestic legal frame work. This has seen the opening upof the sector to international market in the last one year in terms of increased trading partners,
increased home grown STCW’95 certified seafarers, gaining international recognition and support
in fighting piracy and prosecuting the perpetrators in Kenyan law courts; a role that has been
declined by many nations in the region, establishing a central command for Regional Maritime
Rescue Co-ordination Centre (RMRCC), and in the process enhanced its capacity to subscribe toInternational Maritime Conventions (Laws) and effectively enforce their implementation in the
country.
This has been possible by establishing Organizations that have effectively championed the
Maritime Industry development of the nation to its current status. This includes;  
Kenya Ports Authority
Kenya Maritime Authority
Kenya Ports Authority (KPA)The Kenya Ports Authority (KPA) is a Government Parastatal Organization establishedon 20 January 1978 through an Act of Parliament. The KPA is mandated to maintain, operate,
improve and regulate all scheduled seaports on Kenya’s coastline under the Ministry of Transport.
The Kenya Ports Authority’s vision is "World class seaports of choice". Its mission is "To
facilitate and promote global maritime trade through provision of competitive port services". KPA
has a view to improve service delivery strategies, enhancing its relevanceand promoting amore positive and dynamic maritime industry. The efforts of KPA are geared towards efficient andleast cost promotion of trade aimed at catalyzing the economic growth of the port hinterland.
The Authority’s current presence along the coast is only in Lamu and Mombasa, whereas
the rest considered to be small ports are being administered by the Kenya Revenue Agency (KRA)
on behalf of KPA.
Other KPA ports include Kiunga, Ngomeni, Malindi, Kilifi, Takaungu and Mtwapa, are in
north coast whilst Shimoni, Funzi and Vanga are found in the South coast. Apart Port of Shimoni,
the Customs Department of KRA is charged with the responsibility of collecting KPA’s dues.
The facilities in these ports were developed by the then Ministry of Works and the Fisheries
Department in the late 1970 and early 1980s.

103Ports & Maritime Industries

The Role of Small Ports and their Potentials in Kenya
SectorDESCRIPTION OF POTENTIAL

POTENTIAL SMALL PORTS

Agriculture

Highly relevant industry (tea, coffee, sugarcane,coconut/cassava, sisal, cotton, livestock). If production
interventions are made, the coastal region has thepotential to become self-sufficient in food production.
Logistics and markets are to be improved.

Small Potential
Mainly local and national
consumption: distribution over land.
International trade concentrated in
Mombasa and Lamu

Relevant coastal industry. The annual inshore
artisanal fishery catch is 6,000MT whereas thepotential is over 10,000MT. Furthermore it isplanned to unlock the offshore fisheries potential of
approximately 150,000MT (Lamu Master plan) to
350,000MT (CDA). Need for industrial fishing port in
Lamu
Small industry, but rising. The potential depends onplans of individual mining companies. Titanium isexported via Likoni (Base Resource Ltd.).
With the new discoveries of minerals in South Coats,
there is need for a dedicated port, Shimoni being
quite viable.
Limestone is spread over the coast. There is no
demand for a dedicated port (Bamburi). Oil export
from the region (Sudan) will be concentrated inKiunga and Lamu Port.

High Potential
Small ports have a role in facilitating
the inshore fisheries. For offshore
fisheries, there could be potential for
one additional semi-industrial sea
port

Fisheries

MiningManufacturing

Wholesale&retailTourism

104

Important sector to create value. The aim is to containvalue addition in Kenya rather than exporting raw
materials (tea, sugar, paper). It is planned to createa Special Economic Zone (Dongo Kundu), which will
also generate trade. This sector can also include
the generation of energy. Major energy plants that
require fossil fuels will be concentrated at Mombasa
and Lamu, where the import can be accommodated
more easily.
“Creating formal market outlets for small scale
operators, who will graduate to the formal sector
then” is an objective in the Kenyan Vision 2030. The
small ports have a function in providing access to theformal markets
The most important sector along the coast with apotential for further development. In Vision 2030
resort cities are planned at Kilifi and Diani Beach,while the Lamu Master plan envisages a resort city
as well.

High Potential
Concentration in Kwale where
Titanium is being mined and morelarge deposits of precious metals havebeen found with ability to expand theSouth-Coats ports of Shimoni, Funzi
and Vanga.
Ngomeni has potential to become amajor salt exporting port.
Kiunga / Lamu has the potential to
become an oil terminal following large
deposit of oil in NoTurkana, in thenorthern Kenya.
Minimal Potential
Manufacturing will generate port
trade, but national distribution isover land and international trade isconcentrated at Mombasa and Lamu.

Inclusive Potential
The small ports could include amarket place and they should
facilitate a proper distribution to themarkets
High Potential
Marinas, (eco-)tourism trips andw a t e r f r o nt d e ve l o pm e nt . C ru is evessels to attractive centres such as
Mombasa or areas close to wild lifeparks

Ports & Maritime Industries

PORT SERVICES

Mombasa Port is a mix port handling all types of vessels including passenger, containers,

dry and wet bulk, general cargo, Motor Vehicles and Livestock.The key activities carried out by
Kenya Ports Authority include:
・ Marine Services: Pilotage, towage, mooring, dry docking, provision of aids to navigation andmaintenance of the channel and the turning basin.
・ Stevedoring and shore handling services: Cargo handling services for containers, generalcargo, dry bulk, bulk liquid and reception of cruise ships.
CONTAINER TRAFFIC
Between 2008 and 2012, container traffic grew by 10.1 percent, rising from 616,000 Twenty
Foot Equivalent Units (TEUs) to 903,000 TEUs. Other than being an extremely impressive rate of
growth, it reflects penetration of containerization.
Cargo throughput handled has increased progressively as shown below
Table No 1 : Throughput (000)DWT)-2001-2012
Statu 200
1
s of
cargo

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

Avg.Growt
h

IMP.

8,299

7,844

9,257

10,017

10,70011,845

13,061

13,311

16,508

16,201

16,93818,732

8.0%

EXP.

1,999

2,380

2,068

2,494

2,278

2,255

2,474

2,685

2,449

2,575

2,788

3,045

4.5%

T/Ship

303

340

605

409

303

318

426

419

105

158

227

143

-6.6%

GRAND
TOTAL
O

10,60
1

10,564

11,931

12,92013,281

14,41915,962

16,415

19,062

18,934

19,95321,920

7.0%

AVERAGE TURN ROUND TIME
The port of Mombasa has reduced the amount of dwell time for each container from
12.6 days in 2008 ton7.1 days in 2012 in an effort to free up container storage space. As such,containers coming off the ship are not receiving as much time as before. In turn this has opened
up some of the container slot and effectively increased the capacity of handling yards.
To enhance further efficiency the Authority has embarked on ICT with implementationof SAP to handle office maters and billing while KWATOS to handle cargo tracking anddocumentation process
Table No 2 : Summary of Conventional Cargo Throughput (000 tons)
Main commodities

2008

2009

2010

2011

2012

Average Growth

Iron &steel

595

780

826

833

854

10.1%

Vehicles

334

296

283

293

332

0.3%

Clinker

1013

1135

1428

1368

2268

24.9%

Fertilizer

236

388

366

380

336

12.7%

C l
Coal

174

162

236

346

291

17 4%
17.4%

Vehicles87,284

95,79895,604

105,048

120,268

8.5%

105

Ports & Maritime Industries

POLICY AND DEVELOPMENT FRAMEWORKThe Policy and development framework for the Port of  Mombasa is anchored on the Vision

2030 and the National transport sector policy, Port Master Plan, Port Strategic Plan, Business
Plan and other Government Documents that have set the policy frame work for reform of thetransport sector.
Port Development
Construction of Berth 19 by Chinese Company.
The construction of berth 19 by an extension of 240 meters quay length has given a
combined quay length of 840 meters from berth No 16-19 and an additional stacking capacity of
200,000 TEU per annum.
The project also includes procurement of requisite equipment and installation of otherfacilities.
The construction of Berth 20,21,& 22 by Japanese under the consultancy of JICA.
The table also shows the projected volume of containers for the 3 berths build on 100
hectares at the western side of the existing Kipevu Oil Terminal (“KOT”) to create an additional
capacity of 1.2 million TEUs.
Table No 3 : Projected additional capacity based on Port Development Plans
Project

2012

Current

850

Berth 19

2013

2015

2016

2025

2030

200
450

Phase 1450400Phase 2

850

1,050

TOTAL

200

2ndd container

TOTAL

2020

1,050

1,500

1,900

400
350

-

350

2,250

2,250

2,250

Development of Dongo Kundu Free Port
Proposed development of free port facilities on 3,000 acres of land owned by the Authority at
Dongo Kundu area in Kwale County through public private partnership arrangement.
Lamu Port South Sudan and Ethiopia Transport Corridor (LAPSSET)
Development of a new transport corridor linked with Ethiopia and South Sudan through aroad network and a standard gauge railway line via Garrisa, Isiolo, Moyale, Maralal, Lodwar andLokichogio.
Port Security
The port of Mombasa is already ISPS compliant. To further boost port security, theAuthority has implemented an integrated security improvement program to safeguard it fromport intrusion. The project was completed in June 2013 with support from the World Bank and it
entail procurement of modern security  equipment including surveillance technology like CCTVs,
106

Ports & Maritime Industries

perimeter fencing and introduction of electric gate pass system to enhance security surveillance ofthe port and its surroundings. The system is fully functional now.

Kenya Maritime Authority (KMA)

Kenya Maritime Authority (KMA) was set up in June 2004 as the semi-autonomous agency

in charge of regulatory oversight over the Kenyan maritime industry. Maritime safety andsecurity is one of the Authority’s core functions.
The Roles of KMA
Regulatory arm of GOK
KMA strengthen national maritime administration through enhancement of regulatory andinstitutional capacities for safety and security, fostering effective implementation of international
maritime conventions and other mandatory instruments on safety & security, promoting
maritime training, coordinating Search and Rescue, preventing marine pollution and promoting
preservation of the marine environment as well as promoting trade facilitation and maritime
investments. The enactment of a new Merchant Shipping Act, 2009 has enhanced delivery ofservices by the Authority in these areas.
Port State Control
Foreign Ships calling at the port of Mombasa, Kenya are inspected by KMA ship surveyors
in accordance with (IOMOU) Indian Ocean Memorandum of Understanding on Port State Control
to which Kenya is a member. This is to ensure that ships comply with safety of life and safemanning regulations, protection of the marine environment regulations and load line regulations,among others.
Search and Rescue
As part of our core mandate Kenya Maritime Authority is responsible for the operation of
the Regional Maritime Rescue Co-ordination Centre (RMRCC), now also known as the Mombasa
Information Sharing Centre(ICS). The Centre provides a communication center where seafarers
can call in for help in cases of distress while at sea, in a large area covering Tanzania, Seychelles
and Somalia as well as receiving and responding to piracy alerts and requests for information or
assistance at all times.
Training of Seafarers
Kenya Maritime Authority has been in the lead in promoting maritime training andeducation in Kenya. Kenya’s recent entry into the International Maritime Organization’s (IMO)
White list status was an affirmation that Kenya’s maritime education now meets international
standards, enabling its seafarers to compete for jobs on international ships the Authority has
intensified its focus on boosting the image of the maritime industry and supporting cadet
recruitment among the youth, including the recruitment of female cadets.
Others( a ) T h e A ut h o r i t y i s f u r t h e r c o m m i t t e d t o i m p l e m e n t i n g I n t e r n a t i o n a l M a ri t i m e
107Ports & Maritime Industries

Organization(IMO) programs aimed at the integration of women in the maritime sector inanswer to Millennium Development Goal number three, “ Promoting gender equality andempowerment of women” in the maritime sector.
(b) By regulating and overseeing orderly development of merchant shipping and related services,
the Authority aims to make a positive impact on trade facilitation in Kenya and in the
promotion of maritime investments in the country.

Major players in the Kenyan Maritime industry
Table 3.0 Summary of maritime players in fugures
No

Item of Discussion

Figures

Remarks

01

Number of MajorPorts

1

Port of Mombasa ;Note : Construction of Lamu Port is underway and it isenvisaged to be the biggest Port at its completion with
39 deep water berths as compared to the 19 berths ofPort of Mombasa

02

NumberofSmallPorts

10

Kiunga, Lamu, Ngomeni, Malindi, Kilifi, Takaungu,
Mtwapa, Funzi, Shimoni & Vanga

03

Fleet

Kenya practices Open Register but due to stringent
measures applied by the Kenya Maritime Authority(KMA), the fleet size has seen a nose dive.

04

Seafarers.

Kenyan seafarers suffered a major setback when it was
not white listed. The process saw many experienced
seafarers loosing employment. GOK managed to developa legal frame work that would allow fully implementationof STCW 95 under KMA and attained White List status
in05

Number of accidents in thelast five years (persons andcargo affected)

0

No incident

06

Number of inspection boards
used by KMA inspectors /Surveyors

0

Hire from the Port and Private Operators.

07

Marine inspectors at KMA

4

All are former KPA Marine Engineers /Pilots

08

Number of navigation AidLlght houses

609

Number of Light beacons37

10

Number of Light buoy

27

11

Number of navigation Aids
maintenance boats

3

12

VIS

108

1 dedicated tug boat , and 2 mooring boats
Fully fledged VTS station and one backup providing
information and traffic services.Equipped with GMDSS,
RADARS, and AIS.

Ports & Maritime Industries

2.0 MAJOR THREAT TO MARITIME INDUSTRY IN THE REGION
2.1.0 Insecurity & Piracy Threat

Piracy along the Somali Coastline has been a major interference to sea trade and associatedactivities to Kenya through the Port of Mombasa. The Cruise terminal at the Port is almost
turned to a car carrier terminal following the withdrawal of Mombasa port by cruise lines due tothis menace.  Tourism in Kenya by cruise ships has suffered downward trend since 2006.
Somali Pirates objectives are to seize ships and Crew members for ransom. The Cruise ships
were very vulnerable and soft targets hence the withdrawal.
Current Trends;
International Chamber Commerce (ICC) International Maritime Bureau (IMB)’s global
piracy report released on the 15 July 2013, it showed that Somali piracy has fallen to its lowest
levels since 2006, and attention has been shifted to violent piracy and armed robbery off the coastof West Africa.
Worldwide, the IMB Piracy Reporting Centre (PRC) recorded 138 piracy incidents in thefirst six months of 2013, compared with 177 incidents for the corresponding period in 2012. Seven
hijackings have been recorded this year compared with 20 in the first half of 2012. The number ofsailors taken hostage also fell dramatically; down to 127 this year from 334 in the first six monthsof 2012.
According to ICC International Maritime Bureau (IMB) update on piracy dated 31 August
2013 the following are the worldwide trends on piracy;
AREA OF FOCUS

INCIDENTS

HIJACKSWorldwide

176

10

Somali Cost & Horn

10

2

of Africa

On what was entitled as Somali clamp down, it was reported that in East Africa’s Gulf ofAden and Somalia, eight piracy incidents including two hijackings were recorded in the first six
months of 2013, with 34 seafarers taken hostage (IMB Piracy Report highlights violence in West
Africa of Monday, 15 July 2013).
Incidents which occurred between 2010 to 2013
Table 5. is a summary of Somali piracy events and threats at Horn of Africa

No

VESSELS HIJACKED

2013

2012

2011

1

Vessels Hijacked

6

7

27

51

2

Boarding

0

1

17

16

3

Vessels
Fired
Upon
Attempted Boarding

2

24

122

119

/

2010

Source: Maritime OPINTEL Report; (U) Somali: Piracy Analysis (PAWW) Report, July 2013

The significant drop in the frequency and range of attacks by Somali pirates is attributed
109

Ports & Maritime Industries

to actions by international navies; preventive measures by merchant vessels, including the
deployment of privately contracted armed security personnel and not forgetting the intensified
war on terrorism by the Amason forces on the mainland. This has weakened the operational baseand support to these pirate gangs (http://www.icc-ccs.org/piracy-reporting-centre/request-piracyreport)  Thus the downward trend which has been attributed to intensified counter-piracy efforts
supported by the International Community and the region states.
If the momentum can be maintained, the Port Mombasa shall reap the benefits of the war on
piracy by reclaiming the shipping lines which stopped calling the port, e.g. Cruise lines, etc. andrealize increase in maritime industry in Kenya.
2.1.1 KENYA PORTS AUTHORITY SWOT ANALYSISSWOT Analysis for Kenya Ports Authority

STRENGTHS
1.
2.
3.

A Natural deep sea harbor
Vast hinterland & strong captive market
gy road maps
p governedgbyyClear Policyy and strategy
the Port Master Plan and Business Plan
4. Good Corporate governance system that ensures
accountability and transparency within theorganisation.
i i
5. Leverage on ICT and MIS system to enhancecommunication and efficiencypbase
6. Strongg capitalization
7. Relatively new & reliable equipment compliment
8. Compliance to ISPS, ISM, ISO Management systems
9. Stakeholders forum
10. Private
isector involvementi l
11. Committed & competent management & support
staff

WEAKNESSES
1.
2.
3.
4.
5.

Resistance to change
Lack of well-established market research
Bureaucracyy
Ageing workforce
Skills deficiency in engineering, policy and planning,plant operators
6 Cumbersome,6.
C bprocurement proceduresd7. Inadequate cargo handling equipment particularly
at conventional cargo berthsgPartnershipp
8. Weak-Labour-Management
9. Limited land resource within the immediate port
vicinity for expansion
10. A bureaucratic documentation process with too
many cargo intervenersi

OPPORTUNITIES
1.

Greater penetration into transshipment & transit
cargo markets
2. Strategic location vis-à-vis Asian & European markets
3. Political & Economic stability in region
4. Development of Free Trade & Special Economic Zones
5 Growth in international trade buoyed by the robust
5.
growth rates in China & India
6. Improvement of northern corridor road & railway
infrastructure
7. Expansion of East African Common Market
8. Growing economies in region
9. Goodwill from GOK & increased donor anddevelopment partner involvement in maritime & port
development
10. National Single Window System
11. Development of financial market
12. Development of second terminal
13. Development of Lamu port
14. Development of Free Port area

110

THREATS
1.
2.
3.
4.
5.
6
6.
7.
8.
9.

Global shipping trends
Unpredictable pattern of trade
Competition from neighboring & regional ports
Instability in financial market
Political interference
Political stability
Insecurity & piracy (see Piracy Threat)
Poor road & rail hinterland connectivity
Increased globalization of economic issues & traderelations
10. Government regulation on investment
11. Environmental concern
12 Unreliable power supply
12.
13. Strong workers union

Ports & Maritime Industries

GOK ministry ORGSTRUCTURE
Ministry of Transport

Musa Musa.H.M (wmu
2000)
CEOKenya FerryServices

GMLS

GMHR & A

CEO Kenya Ports
Authority

GMCS

GMO

GMF

GMI

GMES

HHR

HCC
(
(wmu2000))

HME (wmu
1998))POO

POO(2)wmu
1999 &2001

Toya S.M (wmu
2002) PME

EE.Bikondo(wmu2012
Bikondo(wmu2012)SPO (Training)

S K Kiptoo
S.K(wmu2003)SOO(CC)PLACEMENT OF SASAKAWA FELLOWSNo

FELLOW

CLASS

COURSE01

Musa Hassan Musa

2000

MET

02

Kennedy Kishawi

2001

MET

03

Stephen Toya

2002

MSEP

04

Samuel Kiptoo

2003

PM

05

Elsie Bikondo

2012

MET

CURRENT POSITIONManaging Director
Kenya Ferry Services
Assistant Lecturer
Technical University of Mombasa.
(Marine Engineering section)
Principal Marine Engineer,
Kenya Ports Authority
Senior Operations officer
Kenya Ports Authority
Senior Personnel Officer Kenya
Ports Authority

111

Expansion of WMU Sasakawa Fellows' Network

Current Situation of Sea Transport in Ethiopia
Feseha Andualem GETU, Ethiopia
Ethiopia is a country located in the Horn of Africa. It is bordered by Eritrea to the north,
Djibouti and Somalia to the east, Sudan and South Sudan to the west, and Kenya to the south.
With over 91,000,000 inhabitants] Ethiopia is the most populous landlocked country in the world
and the second-most populated nation on the African continent. It occupies a total area of 1,100,000
square kilometers (420,000 sq mi),Figure 1: The Government Department where Ethiopian Sasakawa Fellow working is shown in bold type.

Ministryy ofTransport

Ethiopian
Shipping &Logistics
ServiceEnterpriseRail
Corporation

Maritime
Affairs
Authority

Road
Transport
Authority

Road
Corporation

Civil
Aviation
Authorityy

Road
Authority

Insurance
Fund
Authority

Road Fund
Authority

EthiopianAirlines

1. Shipping

Ethiopian Shipping & Logistics Enterprise is a sol and monopoly state owned shipping

service provider for Ethiopian Import shipments, it has provides a regular liner service mainly
moving general, bulk and containerized cargo. Since its establishment in 1966.
The company has served the country for the past 47 years, transporting cargo safely throughout
instability in neighboring countries, and is run by highly qualified national top management andshipping experts, both ashore and on board vessels. It is the leading indigenous shipping company
within the COMESA countries. The government of Ethiopia encouraged the company to develop in
this important maritime sector with policies that create competitive advantage.
Ethiopian Shipping & Logistics Enterprise currently owns 13 General Cargo Vessels andtwo tankers .

2. Training and development

In Ethiopia there are two training initiatives. The Babugaya Maritime Training Instituteoffers short-term training programs to bring ratings up to the international standard required112

Expansion of WMU Sasakawa Fellows' Network

by IMO. The Ethiopian Maritime Training

Number of Seafarers

Institute has been established through strategic

As of December 27, 2010

partnerships in accordance with the global
maritime practices and standards to train and

SeamenEthiopianp
Officers

110

F i Officers
Foreign
Offi

69

179

educate over 1,000 marine engineering officers
annually, making Ethiopia a major exporter ofhigh-quality marine professionals to the global
maritime labor market. The government ofEthiopia gives full-scale support.

3. Shipping Lines, Freight Forwarders and Shipping Agents in Ethiopia

In Ethiopia there is only and only one State owned monopoly Shipping Company, Ethiopian

Shipping & Logistics Enterprise and 81 registered Freight Forwarders & Shipping Agents.

4. Ports

Ethiopia is landlocked country and wasby agreement with Eritrea using the ports

Major Ports
Ethiopia is a landlocked, but Ethiopia uses other potential corridorsof   Massawa and Assab; since the EritreanEthiopia, Ethiopia has used the port of Djibouti
for nearly all of its imports. Only one river, theBaro is used for transport.

.

Potential Corridors of Ethiopia

Djibouti
Djibouti Port

Eritrea

Somalia

Assab

BerberaMassawa

Mogadishu

Sudan

Kenya

Port Sudan

Mombasa113

Special Lectures
WMU SASAKAWA FELLOWS' NETWORK MEETING IN THE AFRICAN REGION
Fundamental problems in Maritime Education and Training field in Asia
Toshio Hikima, Marine Technical College, Japan
Development of the Djibouti Code of Conduct (DCoC)
Osamu Marumoto, Counter-Piracy Project Implementation Unit,
International Maritime Organization (IMO)Special Lectures

Fundamental Problems in Maritime Education andTraining Field in Asia
Toshio HIKIMA, Marine Technical College, Japan

1. Introduction

There are international treaties related with maritime affairs such as SOLAS for the

purpose of maritime safety and protection of human life and property, MARPOL for the purposeof protection of marine environment, STCW which established requirements of seafarers, etc.
Regulations have been tightened and environments surrounding seafarers have been changed
by revision of these international treaties and seafarers are requested to acquire more advanced
knowledge and skills.(1)In recent years, with the increasing living standards and economic growth, the wages of
the Japanese seafarer have witnessed a steady rise. Given the wide range of career opportunities
that are available to the Japanese youth today, seafaring does not always receive the prioritythat it did in the past. In the emerging global economy, which is characterized by a high degreeof competition, ship owners all over the world are seeking to minimize their manning costs.
This tendency has resulted in: flagging out, divorcing of ship management from ownership andoutsourcing of manning from developing countries. Multi-national crews have become the order ofthe day. With seafarers originating from a wide range of Maritime Education and Training (MET)
institution from across the world, the issue of variations in their competencies emerged as an areaof concern with respect to safety and efficiency of operations.(2)Crew size depends on the size and complexity of the vessel. Table1 shows crew size of typeof vessels. When some Japanese shipping companies build new large size vessels like a VLCC anda container vessel, vessels have a class room and cadet’s rooms for on-board training. It takes ahuge cost for cadets to develop cadets’ ability.
Table1. Crew and size of type of vessels
Vessel TypeCrew size

Size (DWT)

VLCC

24-26

200,000-300000

Suezmax

22-24

160,000

Aframax

21-24

80,000-120,000

Panamax bulker

20-24

60,000-80,000

Handy bulker/ reefer

20-22

10,000-35,000

LNG / LPG

20-24

125,000-170,000m3 / 75,000m3

Product tanker Automated

20-24

5,000-40,000

2. Crewing Vessels with Competent Seafarers

Crewing vessels with competent seafarers is a growing global problem and that crewing ishigh on the list of business issues for all shipping companies. The global fleet has far outgrown
the supply of trained seafarers, with an especially acute shortage of trained officers.
117Special Lectures

Most of Japanese shipping companies have already employed many foreign seafarers as
officers and ratings and foreign officers should be promoted to captain and chief engineer inJapanese merchant fleets.
The Government of Japan is supporting developing countries of the world under the Official
Development Assistance (ODA). In maritime affairs, there are some programs to send Japaneseexperts to Maritime Education and Training institution, as well as some training scheme inviting
young lecturers from those countries to Japanese Maritime Institutions.
Marine Technical College (MTC) has short-term training courses in technical and regulation
matters for foreign seafarers in Japan and Manila as well. To educate for foreign seafarers isvery important for Japanese shipping companies to operate vessels safely. Japanese shipping
companies think that to give some kinds of education for seafarers is very important, but it isdifficult to give them due to seafarers’ vacation system. The most shipping companies have no own
training center and they requested MTC to give some kinds of training courses for their seafarers.
The MTC and the companies have been setting dependent on the terms and new contents basedon practical studies for safety operation and ship management together.
Table 2 shows foreign seafarers in Japanese merchant fleets. Almost three quarters are
Filipino seafarers in the fleets. It is easy to understand this matter due to Filipino seafarers cast.
Japanese shipping companies should take money and train Filipino seafarers to be competentseafarers.
Table2. Foreign seafarers in Japanese merchant fleets
Japan

Philippines

China

India

Myanmar

Korea

Vietnam Indonesia

1,504

29,171

2,392

1,910

1,596

1,211

849

3.71%

72.02%

5.91%

4.72%

3.94%

2.99%

2.10%

Croatia

Others

Total

536

366

969

40,504

1.32%

0.90%

2.39%

100%

At the same time in case of young cadets, some of Asian countries lack of training ship and/or merchant vessels, for 12 months onboard training required by STCW 2010 Manila amended,
tends to deprive them of the opportunity to acquire Certificate of Competency. To support them,Japanese government has started the so called "ODA Seafarers Training Scheme" since 1990.
MTC has received above mentioned foreign young cadets from Philippines, Indonesia,
Vietnam and Bangladesh since 1990 until 2010. Table3 shows total number of cadets from these 4
countries.
Table3. Intake of cadets from 4 countries over the years
Philippines

Indonesia

VietnamBangladesh

N

E

N

E

N

E

N

E

457

392

97

101

52

54

31

31

849

198

106

62

TOTAL
1,215

3. Manpower 2010(3)In the background of international shortage of seafarers, shipping enterprises in the world

are increasing dependence on seafarers of developing countries. Furthermore, seafarers are118

Special Lectures

requested to acquire the wide range of ability concerning all aspects of ship management as wellas conventional ability of operation skills of vessel.
The BIMCO/ISF Manpower Update provides the most comprehensive assessment of
the global supply and demand for merchant seafarers that are currently available. BIMCO
and ISF updated various global supply/demand balance scenarios for the next decade. The
benchmark scenario represents BIMCO and ISF’s view of the most likely trends, based on recent
developments and the opinions of key players taken from the various surveys conducted for the
study.

Figure1.Supply Demand Gap for Officers (BIMCO/ISF estimates)
Overall the situation in 2010 is one of approximate balance between supply and demand,
although there is evidence of a slight (2%) shortage of officers. Shortages are more acute in
specialized sectors such as tankers and OSVs. With regard to certain nationalities there is anunderlying concern about the current and future availability of senior officers.

4. BIMCO/ISF‘s Conclusion

This new Update highlights that the industry is likely to face a challenging future forcrewing. There are many uncertainties, but the results indicate that the industry will mostprobably face a continuing tight labor market, with recurrent shortages for some officers,
particularly if shipping markets recover. Unless measures are taken to ensure a continued rapid
growth in qualified seafarer numbers, especially for officers, and/or to reduce wastage from theindustry, existing shortages are likely to intensify over the next decade. Supply appears likely
to increase in many countries, but the positive trend that has been established for training andrecruitment over the past few years must continue to ensure a suitable future pool of qualified
seafarers.
119Special Lectures

It is important to stress that the industry requires well qualified and high caliber seafarers
capable of adapting to change and handling the wide range of tasks now required of them. Any
training program provided must ensure quality is not compromised in the quest for increasing
quantity.
It is hoped that this new study will again help to ensure relevant measures are taken to
avoid serious difficulties.

5. Fundamental problems and Maritime Sector in Asia

JICA and Japanese Government had some projects to train Maritime Instructors in theircountries and Japan, but some instructors resigned from Maritime Institutes and went back tothe sea. Asian Maritime sector had same fundamental problems, which are as follows:① There is a shortage of experienced ship’s officers② There is a shortage of experienced maritime instructors③ Shore-side industries depend upon recruiting ex-officers because of their experience andskillsConcerns among young people when considering the shipping profession can be attributed
to …..
① Separation from families & friends② Short stay at ports③ IT environment(Facebook, Skype & Twitter, etc.)
Sociological factors are these three and financial factors are their salary. Young people
conclude that there are easier ways to make a living.
Young instructors’ salary is much cheaper than seafarers in Asia. This salary problem isquite big problem for especially young instructors.
Table4. Key officer categories and salaries(4)EuropeNorth America

South Africa, Middle East & Asia PacificCategory

Crew pervesselAverageage

Averagesalaries ＊Crew pervesselAverageage

Averagesalaries ＊Crew pervesselAverageage

Averagesalaries*

Master

1

48

8,750

1

49

11,317

1

48

8,983

C/O

1

39

6,432

1

40

9,113

1

37

6,902

2/O

1

34

3,174

1

36

4,795

1

32

4,050

3/O

0-1

31

2,773

0-1

30

3,923

0-1

27

3,310

C/E

1

47

8,097

1

49

10,974

1

47

8,784

2/E

1

37

5,880

1

42

9,133

1

38

6,902

3/E

1

35

3,086

1

38

4,581

1

34

4,050

4/E

0-1

29

3,030

0-1

31

3,798

0-1

29

3,300

Electrician

1

39

3,829

1

46

4,760

1

41

4,622

* All salaries represent monthly compensation in US dollars.
** Salaries vary in accordance to the region in which the shipping company is headquartered and not to the nationality of the crewmembers.

120

Special Lectures

Table4 shows that key officer categories on the vessels and their salaries. These salaries arequite different from Instructors’ salaries in Asia.
How do we keep experienced ship’s officers?
How do we keep experienced maritime instructors?

5. Conclusion

The author would like to get suitable conclusion in Accra.

6. Acknowledgements

The author would like to give their sincere thanks to many cooperators for their kindassistance.
Reference(1) General Information on Maritime Safety Management for Engineering Instructors, 2009,
JICA & Marine Technical College, Japan(2) The Seafarers Training Scheme for Asian Cadets Offered by the Government of Japan, T.
Okamura & T. Hikima, IMLA12 Shanghai, 2002
(3) MANPOWER 2010 UPDATE, BIMCO/ISF(4) Challenge to the industry, Securing skilled crews in today’s marketplace, Deloitte 2011

Principal nationalities: officers

FundamentalFdt l problem
blin
MET field
fi ld

Nationality

Europe (%)

North America (%)

South Africa, Middle East &Asia Pacific (%)

Philippines

34
17

35
16
1
13

30
24
13

Indians
North Americans

Marine Technical Education Agency
Marine Technical College
Rector, Prof. Toshio HIKIMA

Europians

21

Balkans (Romanians,
Bulgarians, Croats, etc.)

8

6

6

8
2

1
10

1

-

3

5

-

-

1

1

3

2

9
100

12
100

10
8
100

Ukraniansi
Russians
Eastern Europe (Poles,
Sli k etc.)
Slivaks,t )South Africans
Other Asians(Indonesians Sri Lanka,(Indonesians,
Lanka
Pakistani,Bangladeshi
Japanese
Other
Total

Estimation of seafarer’s supply and demand
Table. Global Seafarers Supply by Broad Geographical Area
Source : BIMCO / ISF estimates 2010

Current supply
Ofii
Ofiicers
R ti
Ratings%(1000's)(1000's)
OECD CCountries
t i
184
29 4
29.4
143
Eastern Europe
127
20.3
109
Af i / L
AfricaLatin
ti A
Americai50
8112
Far East
184
29.5
275
I di Sub-Continent
IndianS b C ti
t
80
12 8
12.8
108
All National Groups
624
100
747

 The current estimate of worldwide demand

for seafarers in 2010 is 637,000
637 000 officers and
747,000 ratings.

Area

%
Area

19.2
19
2
14.6
15
36.7
14 5
14.5
100

All National Groups

Current supply
Ofiicers(1000's)%Ratings(1000's)

%

624

100

747

100

 Shortage of officers (about 2%)

The current estimate of worldwide demand for seafarers in 2010 is 637,000
officers and 747,000 ratings.

121

Special Lectures

Japanesepseafarers transition

 Manning levels are assumed to decline slightly on average,
average andback up ratios are cautiously assumed stable.
YEN/Barrel

1 barrel=159l

12000

 On the supply side, it is assumed that recruitment rates will

No. of seafarers

Ocean-goingshipping
10000

38,425continue at roughly the same rate as during the previous decade,b t wastage
but
t
rates
t (i.e.
(i nett losslrates
t ffrom theth iindustry)d t ) will
ill bbehigher by around 1% per annum. Despite these quite
conservative assumptions, the current moderate officer shortageis expected to persist, unless maritime training is further
increased, and/or measures are taken to reduce wastage rates.

2nd oil crisis in 1980
8000

30,013
6000

4000

2000

0

10,084

 If general economic conditions continue to improve (as8,438

indicated in the “hot”
hot scenario),
scenario) there could be quite severe
problems.

5 030 4,233
5,030
4 233 3,880 3,336
3,008 2,625 2,650 2,545 2,370 2,312 2,369 2,408

1980

1985

1990

1995

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

Year

4 Japanese officers + 19 foreigners

Concerns among young people when considering theshipping profession can be attributed to …..

Total=23

Seafarers' cost for a year

1.87 million $・・ 1.87 million $ = ￥187,000,000

4 Japanese officers + 19 foreigners = 23

 Sociological
S i l i l factors
f t

Separationpfrom families & friends
II. Short stay at ports
III. IT environmenti(F b k Sk(Facebook,
Skype &
Twitter, etc.)=I.

23 foreign officers & ratings
・.0 million
o $ = ￥104,000,000
0 ,000,000
・ 1.0423 foreigners
1.04 million $= Financial
Fi
i l factors
f t

23-19=4187m-104m=83000000
83000000/4=20750000 YEN
1＄=￥1�� ������1�

Foreign seafarers inJapanese merchant fleets
Japan

9

Kenya

1

Seychelles

3

Tanzania

11

Malawi6

Myanmar

Mauritania 2
Cote d'lvoire1

UruguaySaint
Kittss andd
Nevis

PanamaMexicoMidddle East

Algeria

VietnamVit
Korea
Sri Lanka
Th il dThailand
China
Bangladesh
Philippines
Malaysia

Latin America
a

A
Asia

Philippines

IndonesiaA
Africa

China

India

CroatiaOthers
Indonesia
Vietnam
Korea

Training and Dialogue Programs of the Japan
International Cooperation Agency (JICA)
Iran
Egypt
KuwaitSaudi
ArabiaTunisia
T kTurkeyMoroccoJordanSamoa
Pacific

Myanmar11

Solomon
Tonga
Palau
Fiji
Kiribati

Total : 189 Maritime instructors & government officers
Japan Philippines China India Myanmar Korea VietnamIndonesia Croatia Others Total
1 504
1,504
29 171 2,392
29,171
2 392 1,910
1 910
1 596 1,211
1,596
1 211
849
536
366
969 40,504
40 504
3.71% 72.02% 5.91% 4.72% 3.94% 2.99% 2.10%
1.32% 0.90% 2.39% 100%Triune Education of the METClassroom Lecture•Stepwise
Stepwise Improvement of
Liberal education＋Higher education＋Professional education

What are the characteristics of your instructors?

What is their background?

What is the experience of the instructors?

•Provision
P i i ffor theth OpportunityOt it off On-board
O b d Training
T i i•Bringing & Building up for Professionals who link and connect
with expertise (Knowledge and skills)

OnboardOb dTraining

ClassroomC
LectureI isIti importantito knowktheir
h i qualifications?
lifi i ?
 Course Materials

Grooming ofProfessionals

122

Course lectures, texts, notes, workshop manuals andreports,t simulator
i l t exercise
i material,t i l audio
di visuali l aids
id
are appropriate for achieving overall objectives

Special Lectures

On-board TraininggFundamental problem
inAsian MET field Training vessel Merchant vessel Global On
On-Board-Training
Board Training Center(http://www.jblfmu.edu.ph/gobtc/about-us)
The parties to this Memorandum recognize and share that the mandatory
periods of seagoing service, or on-board-training, are prime importance inlearning the job of being a ship's officer and in achieving the overall standardof competenceprequiredq
as stipulatedpin STCW Convention

Member Links
Admiral Makarov State Maritime Academy, Russia
Dalian Maritime University, China
Istanbul Techinical University Maritime Faculty, Turkey
John B. Lacson Foundation Maritime University,y, Philippines
pp
Korea Maritime University, Republic of Korea
Maritime University named after Admiral G.I. Nevelskoy, Russia

How do we keep experienced
ship’s officers?

• There is a shortage of experienced ship’s
officers• There is a shortage of experienced maritime
instructors• Shore-side industries depend upon recruiting
ex-officers
ffibbecause off theirh i experienceianddskills18

Passion for education

Higher salary

How do we keep experienced
maritime instructors?

Average SUNY Maritime College Faculty Salaries
http://www.educationnews.org/career-index/suny-maritime-college/

C tCategory

Y
Yeqar

M th
Month

C t
Category

M th
Month

Instructors$35,037

2,920

-

-

Lecturers$51,126

4,261

3/O

3,923

$58 499$58,499

4 875
4,875

2/O

4 795
4,795

$76 727$76,727

6 394
6,394

C/O

9 113
9,113

$82,846

6,904

Master

11,317

Assistant
Professors
Associate
Professors
Professors

For AHTS DP1 operatingF
i iin Saudi
S di
we are currently looking for:
Master with Full DP certificate - salary is 600 USD/day, contract duration is 3 months.
CO with Full DP certificate - salary is 400 USD
p/day, contract duration is 3 months.
24 months on AHTS vessel and 6 months on DP
vessel are required.

123

Special Lectures

IDENTIFYINGNNG TRAINING
N NG N
NEEDSSWhat is the most important formaritime instructors ?

Client Specific - DP Vessels:• International training standards (STCW)• Flag State Documents:((Endorsements/SB/Medicals)) in accordance with relevant Flag
g Staterequirements• Offshore Medicals (approved centres only)• For ETOs - DP Maintenance Training• Chief Engineers - DP Maintenance/HV Course• SDPO Masters - Full DP Unlimited• Masters - DP Advanced/DP Basic Course• DPO Chief Officers - Full DP Unlimited• Chief Officers - DP Advanced/DP Basic Course• DPO Second
Sd Officers
Offi- FullF ll DP U
Unlimited
li it d• Second Officers - DP Advanced/DP Basic Course• Crane Operators - Sparrows Stage 1/2/3• BOSIET/HUET - OPITO approved• Marlins Test/CES 4.1

CConclusioni
Passion for educationKey
ey ratings
at gs catego
categories
es aandd salaries
sa a es
EuropeCategory
Bosun
Able seaman
Ordinary seaman

Oiler
Wiper
FitterCockk
MessmanCrew per Average
vesselage

Seafarers Maritime
Seafarers’
Education & Training
in JapanS th AfSouth
Africa,i Middl
Middle E
Eastt &
Asia PacificAverage Crew per Average Averagesalaries* vessel
salariesagesalaries*
salaries

North America
Average Crew per Averagesalaries*
salaries
vessel
age

1

42

1,586

1

48

1,849

1

48

1,536

2-4
1-3
1-3
1
1
1
1

36
30
36
28
37
40
33

1,227
899
1,263
850
1,549
1,596
711

2-4
1-3
1-3
1
1
1
1

38
29
40
29
46
50
35

1,553
1,266
1,554
1,266
1,849
1,855
1,283

2-4
1-3
1-3
1
1
1
1

35
29
36
29
46
41
31

1,190
920
1,178
881
1,782
1,547
920

* All salaries represent monthly compensation in US dollars.
** Salaries vary in accordance to the region in which the shipping company is headquartered and not to the nationality of the crewmembers.

by Deloitte 2011

Tokyo University of Marine Science, and Technology
Kobe University, Faculty of Maritime Sciencesy, Toba,, Yuge,g , Hiroshima and Oshima
Toyama,
National College of Maritime Technology
Marine Technical College (MTC),I A I Marine
I.A.I
M i T
Technical
h i l Ed
Educationti AgencyA
I.A.I National Institute for Sea Training (NIST)
Ministry of Land, Infrastructure, Transport and Tourism, Japan(note) I.A.I : Independent Administrative Institution

Enterprise contents of I. A. I. Marine Technical Education Agency

Marine Technical Education Agency○ Training seminars for new recruits○ Retraining seminars for seafarers

Otaru

○ In
In-service
service learning and training (practicaleducation)

Maritime University (2)National College of Maritime Technology (5)○ Short courses provided under the STCW

Marine Technical College (1)MiyakoN tiNationall PolytechnicalP l t h i l College
C ll
(3)

convention (BRM,ERM & ECDIS, etc.)○ Pilot Training

National Polytechnical School (4)○ Research activities relatingg to theTateyama○ International cooperation

Shimizu

Karatsu

maritime education

Namikata
Kuchinotsu
31

The Manila amendment STCW 2010 came inforce on 1st January 2012
Major changes and amendments were made for engine
department followed by other structure of the system. The
important changes to each chapter of STCW Convention and
Code include:
1) Revalidation for higher and managerial level officer for
certificate of competency (COC) issued by any governing
authority.
2) New and improved training guidance for crews and officer
serving onboard.
qfor MARPOL awareness which includes3)) New requirements
training in leadership and teamwork.
4) Stringent measures for preventing fraudulent certificate ofcompetency (COC) to flow
fl in
i internationaliil market.
k5) Rest hour onboard has been increased from 70 hours to 77 hours
per week for decent working of seafarer onboard.
onboard
6) Introduction of Electro-technical officer with approved
training
33
and COC.

124

Grooming
g of Professionals
 Practical Education

Si
Simulator(Ship-handling,(S iiEnginei room, ECDISC SRader-ARPA, Crude oil tanker, LNG, etc)
BRM
ERM
• Maritime Forum• Technical Committee on ERM
htt //
http://www.maritime-forum.jp/en/et.php
itifj / / t hMovie & PDF TEXTSpecial Lectures

Development of the Djibouti Code of Conduct (DCoC)
Osamu Marumoto
Counter-Piracy Project Implementation Unit,
International Maritime Organization (IMO)

Introduction - International Maritime Organization
IMO - the International Maritime Organization- is the United Nations specialized agency withresponsibility for the safety and security ofshipping and the prevention of marine pollution by
ships. Member Governments use IMO to draw up
internationally agreed standards that can be applied toall ships.
We sum up our objectives in our mission
statement: Safe secure and efficient shipping on clean
oceans.

IMO and Maritime Security

In the light of terrorist atrocities around theworld, several of which have been aimed at transport
infrastructures, IMO adopted a comprehensive set ofmaritime security measures in 2002, which came into
force in July 2004.
The most important and far reaching of these is
the International Ship and Port Facility (ISPS) Code.
Among its requirements are that Governments should
undertake risk assessments to establish the level of
security threat in their ports, that both ships and ports
should appoint dedicated security officers and have formal security plans drawn up and approvedby their Governments.

PIRACY

Somalia’s 3,898 km coastline (from which 1,204 km is on Gulf of Aden) is the longest of any

African country, being an ideal base to launch a piracy expedition and return to hide.
2005 IMO Assembly resolution
March 2006 - Security Council Presidential Statement encouraged “Member States, whose
naval vessels and military aircraft operate in international waters and airspace adjacent to thecoast of Somalia, to be vigilant to any incident of piracy therein and to take appropriate action toprotect merchant shipping, in particular the transportation of humanitarian aid, against any suchact, in line with relevant international law”.
125Special Lectures

2007, World Food Program (WFP) Executive Director and IMO SG wrote to the SecretaryGeneral of NATO proposing formalization of a coordination mechanism between IMO, WFP and
NATO, June 2007, IMO Council endorsed proposal that UN SG bring the piracy situation off
Somalia to attention of the Security Council.
November 2007, IMO Assembly adopted another resolution: requesting TFG of Somalia
to advise the Security Council of its readiness to conclude any necessary agreements to enablewarships or military aircraft to escort ships employed by WFP for delivery of humanitarian aid
to Somalia; called upon Governments in the region to conclude, in co-operation with IMO, andimplement, regional agreement to prevent, deter and suppress acts of piracy and armed robbery
against ships.
Regional agreement - Code of Conduct concerning the Repression of Piracy and Armed
Robbery against Ships in the Western Indian Ocean and the Gulf of Aden - was formally
adopted on 29 January 2009, at a high-level meeting convened in Djibouti. The signatories
declare their intention to co-operate in the repression of piracy and armed robbery against ships;
moving towards sharing and reporting relevant information through a system of national focal
points and information centers.

Djibouti Code of Conduct

When the “Code of conduct concerning therepression of piracy and armed robbery against ships
in the Western Indian Ocean and the Gulf of Aden”
was adopted in Djibouti in January 2009, it brought
together 21 regional States in a non-binding frameworkin which they agreed to cooperate to the fullest possible
extent in the repression of piracy and armed robbery
against ships. The Djibouti Code of conduct, as it ismore commonly called, continues to offer these States
the opportunity to work together towards a common
aim: countering-piracy.
It is based upon 4 pillars: Info sharing; Update
national legislation to include piracy, and which allows
enforcement by suitable maritime forces; Regional
training to establish common standards and build
trust; and Capacity building, which is pulling theother 3 together and turning them into a national andregional operational capability to counter piracy.
The development of the Djibouti Code of conduct
drew heavily on the developments made during Subregional meetings on maritime security including piracy
and armed robbery against ships held in Sana’a, Yemen in 2005 and Muscat, Oman in 2006 andnoted that the General Assembly of the United Nations, at its 63rd session in 2008, had adopted
resolution 63/111 which inter alia: ‘recognizes the crucial role of international cooperation at the126

Special Lectures

global, regional, sub-regional and bilateral levels in combating in accordance with international
law threats to maritime security, including piracy and armed robbery against ships, terrorist acts
against shipping, offshore installations and other maritime interests’.
The international response to Somali piracy has been effective in mitigating the risk ofhijackings at sea. The response has however, been largely driven and resourced from outside
the region, and regional States and stakeholders are vulnerable to any reduction of the criticalcomponents of that response. International actors and regional States need to pursue ingreater detail a strategy of transition from dependency on external assistance to a situation
whereby ownership of critical components of the response reside within the region. But it is
not simply a case of transferring all the components of the international response to the region
but a progressive development of tactical and strategic capacities under regional ownershipand management so that a sustainable coordinated response to all maritime security threatsis created. Within the region this will not only require a shift towards regional ownership, butalso a shift away from a military-centric counter-piracy solution to a joint and shared regional
responsibility for maritime law enforcement including militaries, police , industry etc. in an anticrime maritime security solution based upon the rule of law.
In many ways implementation of the Djibouti Code of conduct has been focused on thedelivery of a number of parts of this solution but not all, and as the threat of Somali piracy
recedes, it may be time to review whether the Djibouti Code of conduct continues to meet theregion’s needs, or whether it should revert to its origins and address other threats to maritime
security beyond piracy.
Global crime
The value of effective maritime security in the region is not simply an issue for regional
States. With major shipping lanes crossing the region there is an impact also on global trade, andthis has been brought into sharp focus by the estimated costs of piracy. But with growing regional
aspirations to develop and sustain its maritime economy (the blue economy), the threats from:illegal migration, counterfeit drugs, illegal narcotics, smuggling of weapons, terrorism, and illegal
and unregulated fishing can no longer be overlooked. Add to this that the organized criminal
gangs which benefited financially from piracy increasingly seem to be the same as those thatmake their money from other illegal activities in the region and it quickly becomes apparent thatunless all aspects of maritime security are addressed, the region will never fully gain the benefits
from the ‘blue economy’.
Coordination of Maritime Security
The aim of the Djibouti Code of conduct was to repress piracy and armed robbery against
ships, but the underlying themes were of regional cooperation and coordination, and agreement
to co-operate both at sea and on land. In order to incorporate the key lessons from the successful
containment campaign there is a need to transfer these lessons into a regional, rule-of-law
orientated response. These lessons include inter alia:
・ the value of closer cooperation between military and law-enforcement forces
・ the fundamental importance of maritime domain awareness127

Special Lectures

・ the fundamental importance of open regional information sharing
・ the importance of raising regional skill levels through regional training
・ the underlying requirement for all operational strategies to be based in the rule of law
・ the value of identifying all the stakeholders and ensuring all are engaged in the solution
Whilst in many ways these match the 4 pillars of the Djibouti Code of conduct
implementation plan, it is of greater value to look at what overall regional capacity we are trying
to enhance, and our aim should be to coordinate regional State authorities in the deterrence,
detection, interdiction, investigation and prosecution of any unlawful acts within the region’s
maritime space. The Djibouti Code of conduct makes full provision in its existing detail to do all ofthese actions in the name of countering piracy but which could equally create a maritime security
framework; to do so would require a fundamental decision by the region to shift its emphasis
towards maritime security and incorporate it within the Code of conduct, as the West and Central
African States have done already in their own Code of conduct. In terms of content, it requires avery small alteration to the wording of the Code of conduct agreed in January 2009.
Another lesson from implementation of the Code of conduct is that one solution does not
fit all the region’s needs. In many respects regional needs fall into three main geographical subregions based on existing common interests, many of which are based upon existing tradingarrangements and threats to those interests. Thus there is a case should the region consider it
pertinent, to review not only what the Code of conduct addresses, but also the relevance of how
the sub-regions might implement the Code to suit their individual needs, with the Code of conduct
acting as the overarching agreement within which the sub-regions cooperate and coordinate theirwork. Based on this thinking the three potential sub-regions could be:
・ The Gulf of Aden and Red Sea
・ East Africa
・ The island States of the western Indian Ocean

Conclusion

If there is to be a shift from external assistanceto regional ownership of the region’s maritime spacethen a shift of emphasis is required. With piracy on thedecrease in the region capacity building should become
more focused on the protection of the region’s maritime
resources and the development of its blue economy
through a cooperation framework. The Djibouti Codeof conduct is an existing framework of 21 States which
could, with minor adjustment, become the region’s
tool to work towards meeting all its maritime security
needs for the future, including the repression of piracy and armed robbery against ships.
There is potential for creating sub-regional coordination mechanisms within the overarching
Djibouti Code of conduct to address maritime threats and solution to sub-regional trade andmaritime resource management.

128

Field Study TourWMU SASAKAWA FELLOWS' NETWORK MEETING IN THE AFRICAN REGION

Field Study Tour

Variety of Pictures from Field Study Tour

131

Field Study Tour

132

Field Study Tour

Field Study Tour : Port of Tema
PORT OF TEMA

Tema Port, the larger of the two seaports in Ghana, is located 28km east of Accra the capital

city of the country. It is situated on the Greenwich meridian and latitude 5.4 degrees north ofthe equator. The port spans an enclosed water area of 1.7million sq. meters and a total landarea of 3.9million sq. meters. It comprises fourteen (14) berths in total with drafts ranging from
8.0-11.5 meters. The two (2) deepest berths of 11.5 meters draft each constitute our dedicatedcontainer terminal operated by the Meridian Port Services (MPS). The other berths include multipurpose berths, liquid and dry bulk berths, an oil jetty and a private berth operated by the Volta
Aluminium Company.
The port was opened in 1962 and continues to upgrade its infrastructure and services.
Services comprise vessel handling, stevedoring, shore handling - receipt, storage and delivery.
Ancillary services include bunkering, waste reception, security and safety. With the increasing
development and growth of the Ghanaian economy, cargo throughput is also experiencing
positive growth in the various trade types. For example, from 2011 to 2012; Imports of plant andequipment increased by 79.9% while total dry and liquid bulk traffic increased by 19.3% and22.4% respectively. Container traffic in TEU’s increased by 9% from 756,899to 824,238 TEU’s withtotal traffic increasing by 11.3%ie, from 10.7 to 11.6 million tons within the same period.

Port PerformanceYEARS

VESSEL
CALLS
UNITS

TOTAL
CARGO
TRAFFICEXPORT

IMPORT

TRANSITTONNESCONTAINER
TRAFFIC
TEUS

2005

1,643

9,249,977

1,182,469

6,936,688

875,325

392,761

2006

1,994

8,046,838

955,084

5,675,027

887,589

425,408

2007

1,672

8,378,682

1,099,094

6,120,583

843,656

489,147

2008

1,568

8,727,049

1,305,451

6,120,583

864,307555,009

2009

1,634

7,406,490

981,075

5,694,280

509,124525,694

2010

1,787

8,696,951

1,154,826

6,823,488

447,071590,147

2011

1,667

10,748,943

1,532,139

8,431,531

614,078

756,899

2012

1,521

11,451,005

1,477,390

9,383,462

517,037

824,238

BUSINESS UNITS

Golden Jubilee Terminal
The Golden Jubilee Terminal (GJT) is an inland clearance depot (ICD) located on thewestern end of the Port of Tema. The facility covers an area of 97,412 square meters andcomprises a container freight station (CFS), a state warehouse, a car park and an open area for133

Field Study Tour

striping/un-stuffing and storage of containers, banking services and offices for customs. Thisfacility is flanked by four other privately operated ICD’s.

Fishing Harbor
Attached to Tema port is a Fishing port with draft up to 7 meters, capable of receiving
trawlers and other vessels. The Tema Fishing Harbor is located on the eastern end of the main
harbor. Icomprises an inner, outer harbor and a canoe basin. The inner fishing harbor begins witha 63 meter wide entrance. It has a total quay length of 467 meters which consists of a finger (60meters) jetty; lay by jetty (155 meters) and a lay by wharf (100 meters) with draughts ranging
between 3.5 and 4.0 metres.The outer fishing harbor also comprises a 122 meter entrance with
486 meters of quay length, with draughts ranging between 5.0 to 7.0 meters. The canoe basin isshielded by approximately 5.2 hectares of protected waters. It is equipped with a wooden jetty for
motorboats, a fish preparation shed and a 120- room gear storage facility.
Ancillary services provided around the Fishing Harbor include a fish market, two fueldispensing stations to cater for the fishers’ outboard motors, several private cold store facilities, aprivate fish processing company and a bank.

Drydock
A dry-dock facility is available in Tema Port. The privately ran facility has a 100,000 dwt
capacity with 20 and 60 ton mobile cranes. It is 277.4 meters long and 4.5 meters wide with anaverage draught of 8.2 meters depending on the tide. The facility provides dry-docking, ship
repair, general engineering, metal locking and steel fabrication services.
134

Field Study TourThe port’s business units are also experiencing positive growth figures. Fishing harborthroughput increased by 18.3% from 128,258 in 2011 to 151,714 tons in 2012. While Golden
Jubilee Terminal’s unpacked vehicle receipts and deliveries increased respectively by 19%.
Transit Trade
The Port of Tema continues to ensure safe and fast cargo movement to and from Ghana andneighboring landlocked countries of Niger, Mali and Burkina Faso.
Outlook

Current Port Layout

Proposed Port Layout

The immediate outlook is to expand the capacity of the port through improved equipment
position and automated operational and management processes. Hinterland accessibility is also
being improved through the restructuring and expansion of the current road network and theestablishment of efficient rail linkage between the port and the hinterland. Funding has been
secured from the World Bank for the development of a transit truck park near the port. A modern
training facility is to be developed to train the operational staff and employees of terminal operatorsin the port.
Processes have already begun for the expansion and modernization of the infrastructural
facilities of the port. Facilities to be provided include:
・ New Container Terminal
・ New Food & Fruit Terminals
・ New Ro-Ro Terminal
135

Field Study Tour・ New Tran-shipment Terminals
・ New Break/Dry/Liquid Bulk Terminals

The leading container hub and the beacon of trade and industry in West Africa

SASAKAWA VISIT TO THE PORT OF TEMA ON 9TH NOVEMBER 2013

On the 9th of November 2013, the Sasakawa African Network of fellows accompanied bytheir Japanese representatives from the Ocean Policy Research Foundation, paid a working visit
to the port as part of the African Network Conference held in Ghana from 4th to 9th November,2013.GPHA represented by the Marketing and Public Relations department received thedelegation.
The Marketing and Public Relations Manager MPRM, Mr. Paul Ansah gave a presentationon the port’s activities, current status, achievements, challenges as well as future plans.
Discussions following the presentation comprised the following:

Question & Response
Since there are so many stevedores, ICD’S and private operators how is the pricing regulated?
The GPHA tariff is the basis for pricing. All service providers price their services according
to the GPHA approved tariffs.
How was the GC-Net system conceived?
The entire port community realized the need for it and consulted regularly on it with the
Ghana Customs as the lead agency. It was eventually established as a PPP joint venture
entity involving SGS and Ecobank with 65% shares and Ghana Customs, Ghana Shippers
Authority and Ghana Commercial Bank as public sector partners having 35%.
What are the challenges with the GC Net single window system?
I. Occasional system failure some.
II. Some service providers are not fully integrated
What are the reasons for the high number of vessels at the port’s anchorage is it related to waiting time?
• The anchorages of the ports of Ghana are the safest in the sub region due to consistentsecurity and monitoring. Many ships bound for other ports seek refuge here while waiting
for further instructions from principals. There is also an area demarcated for supervised
ship-to-ship operations. So it is not related to high waiting times.
What are the reasons for the high turnaround time for some vessel categories?
• Bulk cargo vessels of large volumes obviously take longer to discharge
136

Field Study Tour• Sometimes old vessels arrive with faulty gear
• Consignee delays in documentation.
• Berthing facilities are also limited

Comments

A lot of the privatization concessions related to ports on the western coastof Africa are
granted to certain international monopolies in almost all the countries. This is detrimental
to the region since it will stifle competition, result in price monopoly and is indirectly a formof the cartel system.
One of the fellows, Felicity Ankomah Sey had done a study on the effect of rail linkage fromthe port to the hinterland. She outlined the benefits in terms of savings in time and money.
Transporters and haulage companies should be invited to contribute to the investment inrail rehabilitation.
The visit was crowned with a tour of the port which including the dedicated container

terminal, the multipurpose terminal, scanning facilities and a view of the inland clearance depots.

137

Field Study TourSUMMARY OF PRESENTATION:
1. INTRODUCTORY REMARKSWELCOME TO

2. RECENT DEVELOPMENTS / IMPACT ON PORT

THE PORT OF TEMA

3. EMERGING CHALLENGES
4. THE WAY FORWARD

The Ghana Ports &Harbours Authority(GPHA) is thenationalorganization
mandated to build,plan, develop,
manage, maintain,
operate and control
ports in Ghana.

Port of Takoradi - Built in 1928
HANDLED 5.3 MIL TONS IN 2012

Port of Tema - Built in 1962

Tema Port Vessel Traffic (Units) 2002-2012
2,000
1,800
1,600

HANDLED 11.5 MIL TONS IN 2012

1,400
1,200

1,000
800
600
400
200
0
Units

2001
1,169

2002
1,272

2003
1,172

2004
1,381

2005
1,643

2006
1,994

2007
1,672

2008
1,568

2009
1,631

2010
1,787

2011
1,667

2012
1,521

Tema Port Vrs MPS Container Terminal Traffic in TEUs 1995-2012

Tema Port Cargo Traffic (Tons) 2001-2012
900,000
12,000,000

800,000
10,000,000

700,000

600,000

8,000,000

500,000
6,000,000

400,000

300,000

4,000,000

200,000
2,000,000

100,000

0
2001
Tons 6,312,544

138

2002
6,841,313

2003
7,391,268

2004
8,442,791

2005
9,249,920

2006
9,250,645

2007
8,378,682

2008
8,712,982

2009
7,406,490

2010
8,696,951

2011
2012
10,748,943 11,451,005

0

1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
Port 118,809 125,642 140,260 169,687 197,900 166,963 178,342 233,377 305,863 342,882 392,761 425,408 439,147 555,009 525,694 590,147 756,899 840,183
MPS
0
0
0
0
0
0
0
0
0
0
0
0
253,735 400,212 435,658 500,001 616,442 654,014

Field Study Tour
DISTRIBUTION OF TEMA PORT CONTAINER
TRAFFIC BY TRADE - 2011
TRANSIT
4%

Transit Traffic in Metric Tons Through Tema Port (2001 to 2012)
1,000,000

TRANSHIP
MENT
2%900,000
800,000
700,000

IMPORTS47%

EXPORTS47%

600,000
4% 1%

500,000
400,000
300,000

46%

200,000
49%

100,000
0
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
Tons 261,251 627,773 855,093 764,128 875,272 870,322 843,656 863,459 509,124 447,071 614,078 530,053

Imports

Exports

TransitTranshp

Tema Port Vessel Turn Round Time (Hrs) - 2012
Vessel Type

Whole BreakPort Bulk

Cell
Cont

Cont
Multi

Gen
Cargo

No. of Call

1,521

213

511

33

Waiting Time83.93 114.10

94.34

Port
Navigation

0.94

1.07

Time @Berth 80.23 155.73

PORT OF TEMA

ReeferCont Ro-Ro Tanker

Fish/
Meat

Other
s

87

104

162

128

136

8

124.48

88.25

3.84

46.64

85.18

80.54

90.02

0.97

0.96

0.93

0.83

1.07

0.84

0.81

0.69

49.95

80.60

131.68

13.27

25.07

63.18

111.9370.15

165.10 270.90 145.26

206.04220.8517.94

72.78 149.21

 Staff Strength:
Senior + Management 209; Junior- 1,485
 Port Operations - Partly Private

Time in PortStevedore
Shore handlingScannerBulk Handling
Operations (Cocoa)

193.28 160.85

Marine Operations – Port Authority

TIME IN PORT = WAITING TIME + PORT NAVIGATION + TIME AT BERTH

Sub-Regional

STRATEGIC POSITION OF THE PORTS OF TAKORADI AND TEMA






Port of Tema/Takoradi, Ghana
Port of Abidjan, Cote d’Ivoire
Port of Dakar, Senegal
Port of Lome, Togo

09-01-2014

Brief History
The company began as Ghana Railway and Harbours
Company in 1928 with only the Port of Takoradi.
The Port of Tema was built in 1962

Competitors






Port of Cotonou, Benin
Port of Conakry, Guinea
Port of Lagos, Nigeria
Port of Nouakchott, Mauritania

Marketing Information Systems

PORT AND MARITIME LOGISTICS MANAGEMENTREFORMSIn 2000 the GPHA began a programme to increase theparticipation of the private sector in the provision of

In 1972, the company was divided into four separate publicorganisations:services and facilities to ships and cargo in line with the

Ghana Railway Company (GRC),
Ghana Port Authority (GPA),
Ghana Cargo Handling Company (GCHC)
Takoradi Lighterages Company (TLC)

transform the ports of Ghana from service ports togovernment’s strategic port development policy tolandlord ports

In 1986 GRC remained separated while the other threewere merged into the Ghana Ports and Harbours Authority.

139

Field Study TourThe Objectives were:

THE PORT PRIVATIZATION PROGRAMME (2001 – 2003)• to make port operations more efficient and financially viable;• to improve the quality of services to customers;• to reduce the cost of doing business at the ports;• to encourage sustained growth in the ports industry;

1. Increased Private Sector Participation in Cargo Handlingi. Licensing of 9 private stevedoring companies
ii. 75% of stevedoring services transferred to the private companiesiii. Bulk handling transferred to the private sector
iv. 100% of shore handling transferred to the private sector
v. Five inland container depots established in Tema

2. Privatization of Port Labour (Ghana Dock Labour Company)• to make Ghanaian ports more competitive in the sub-region;

3. Reduction of GPHA staff by 53%• to generate more private capital for re-tooling andmodernization.

4. Transfer of other non-core port services to the private sector
5. Concession of New Container Terminal

The MPS Container Terminal Built Through Public Private Partnership

Activity 1: Container Terminal Concession

In 2004 the GPHA proposed and established Meridian
Port Services Ltd. (MPS), a joint venture limited liability
company with Meridian Port Holding Company (MPHC).
The MPHC is a consortium of two companies:
APM Terminals (Denmark)SDV / Bolloré (France)

GPHA

70%

30%

Tema Port Vrs MPS Container Terminal Traffic in TEUs 1995-2012
900,000

Activity 2: Single Window Concession
The GC-Net Joint Venture Partnership - October 2000

800,000

Public700,000• Ghana Customs 20%

600,000• Ghana Shippers’ Council 10%

500,000• Ghana Commercial Bank 5%

400,000

Private

300,000• Societe Generale de Surveillance 60%

200,000• Ecobank Ghana Ltd 5%
Public/Private Shareholding = 35/65%
Total Cost - US $12 million

100,000

0

1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
Port 118,809 125,642 140,260 169,687 197,900 166,963 178,342 233,377 305,863 342,882 392,761 425,408 439,147 555,009 525,694 590,147 756,899 840,183

Action:Electronic Data Inter-change System
in Tema and Takoradi Ports (GC-NET)Business Intelligence System

Clearing
AgentsShipping
AgentsPort Authority

Ministries,
Departments
andAgencies

Insurance
Companies

Destination
Inspection
Companies

Customs

Banks
Freight
Stations

140

VehicleLicensing
Authority

Data Sharing with
Landlocked countries OngoingField Study TourElectronic Surveillance by Satellite Introduced to Improve
Cargo and Vehicular Security on Ghanaian Corridor

Localized GPS
Souveillance
SystemReplaces
Satellite
Tracking

Providing Tracking Solution: Platform Capabilities
i. Features

Transit Tracking & Monitoring: i. Vehicle tracking capabilities
ii. Cargo Trackingii. Standard Alerts: i. Activation/ Deactivation alert
ii. Depart alertiii. Tamper alert
iv. Corridor (route) deviation alert
v. Check Point alert
vi. Arrival Alertiii. Trip History: i.

Stored on active server for up
to 6 months
ii. Archived for 7 years
iii. Each trip can be played backshowing movement and all alerts

Sealing of General Cargo in Articulated Trucks
Introduced to Secure Cargo in Transit

Impact of the EDI project1. Simplified customs procedures
2. Faster clearance times

3. Quicker transit with GPS tracking system
4. Increased revenue collection

5. Improved competitiveness of general port and logistics services
6. The export competitiveness of the Ghanaian exports also increased
due to: the expeditious electronic processing of export consignments,

Activity 3: Scanning Equipment was Introduced to
Facilitate Containerized Cargo Inspection.

 Activity 4
 Upgrading of CCTV Security Systems at the Port. The

entire Tema Port can now be easily monitored from thecontrol room at the security department.
 35 Cameras Controlled Port Electronically Ring-fenced

141

Field Study Tour
Activity 5

DEVELOPMENT OF ICDs / NEW PARKING SPACES FOR TRANSITTRUCKS

Activity 7: Waste reception in both ports were privatized

Activity 6: Installation of weighbridges to support
government policy to control overloading

Activity 8: Access Road and Rail Rehabilitation

The rail transport system linking the Port of Tema to thecenter of Accra, the nation’s capital was refurbished.
Access roads to and from the ports were also rehabilitated

EFFECTS OF REFORMS ON PORT OF TEMAGood
Security

Efficient
Cargo
handling

Competitive
Tariffs

Social &Industrial
Stability

EMERGING CHALLENGES

Quick
Delivery of
Cargo

Quick Turn
Round
Time

AND
Good Roads &TrucksTHE WAY FOWARD

Good
Customer
Service

Challenge No. 1.
Transit Traffic in Metric Tons Through Tema Port (2001 to 2012)
1,000,000
900,000
800,000
700,000
600,000
500,000
400,000

Response:
1. Harmonization of Axle Load policy implementation inWest Africa
2. Changing design specification of our corridor roads
3. Multimodal transport system - rail transport
expansion and modernization

300,000

200,000
100,000
0
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
Tons 261,251 627,773 855,093 764,128 875,272 870,322 843,656 863,459 509,124 447,071 614,078 530,053

142

4. Total transit management reforms – Implementationof Ghana Burkina/Mali Permanent Joint Commission
for Cooperation (PJCC) recommendations.

Field Study Tour
Tema Port Vrs MPS Container Terminal Traffic in TEUs 1995-2012
900,000

Challenge No. 2.
Rising Container Vessel Waiting Time at Berth in Hrs. Tema
Port/MPS 2005-2012
60

800,000

50

700,000

40

600,000

500,000

30
400,000

20

300,000

10

200,000

100,000

0

0

1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
Port 118,809 125,642 140,260 169,687 197,900 166,963 178,342 233,377 305,863 342,882 392,761 425,408 439,147 555,009 525,694 590,147 756,899 840,183
MPS
0
0
0
0
0
0
0
0
0
0
0
0
253,735 400,212 435,658 500,001 616,442 654,014

Tema
MPS

120

RESPONSE

100

i. Two more gantry cranes and nine RTGs have beenpurchased by MPS to augment the fleet at the container
terminal.

80

ii. Port purchasing four mobile container handling cranes
iii. Purchased one tug boat and one security patrol boat in
2013

2006
46.92
55.66

2007
43.44
41.72

2008
40.76
39.21

2009
46.68
25.06

2010
25.44
23.7

2011
37.44
32.55

2012
49.95
43.79

Challenge No. 3.
Rising Container Vessel Waiting Time at Anchorage in Hrs.
Tema Port / MPS 2005-2012

1. The increase in the vessel time at berth at the MPS
Terminal calls for a boost in equipment position

Equipment arrived in July 2013

2005
44.6
44.72

60
40
20
0

Tema
MPS

2005
24.4
28.92

2006
30.62
33.65

2007
37.95
46.13

2008
39.7
52.49

2009
31.88
23.8

2010
36.3
50.7

2011
61.38
65.88

2012
94.34
103.63RESPONSE:
Expansion of Tema Port to meet National Traffic growth,
Transhipment and Transit Trade demands
Dredging of basin and access channel: 16m draft

New Container Terminals
New Food & Fruit Terminals
New RoRo Terminal
New Tran-shipment Terminals
New Transit Terminal
New Break/Dry/Liquid Bulk Terminals

CHALLENGE No. 4
FINANCING THE PORT EXPANSION PROGRAMMEPORT OF TEMA:$1.5 Billion

143

Field Study TourRESPONSE:i.

Challenge No 5. Truck Congestion in and Around the Port

Commercial Loansiii. Public Private Partnership

Develop Alternate Routes to Tema Port

Response:i.

Develop Truck Park Outside theImmediate Port Area

ii.

Remove Roundabouts Between Port andMotorway

Challenge No. 6. Limited Land for Expansion Around the Port

Response:
Development of rail connectivity to the hinterland with port
facilities for rail transport of containers and general cargo.
B U R K I N Paga
A FASO

Hamale

Sawla

Yendi

TamaleFufulusu

TechimanSunyaniNyinahin

Kumasi

Awaso

Kade

Akosombo
Aflao

DunkwaOmape
Prestea

TarkwaTakoradi

Challenge No. 7 ISPS Code/ISO Certification

144

Tema
Accra
Gulf of Guinea

Optical Character Recognition Cameras at Main Gates

Field Study Tour
Cruise Vessels need Own berths

Auto-Pick Truck Licence Plate into System
Auto-Pick Container Nr into System & Identify
damages
Auto-Pick Driver and reject him if notregistered.
Eight Optical Camera Recognition Systems to
be installed at the main gates of the port tocapture, store and distribute container andvehicle movement in and out of the port.
Contract awarded and work has began.

Passenger Terminals Required

Rig Repairs : Over 40 Rigs Now in West Coast Drilling Contractors

must undertake
long trips to CanaryIslands or South
Africa to repair
their Rigs.

 Ghana is perfectly

located in West
Africa to cut suchtravel time.

Royal Haskoning Report:

Royal Haskoning Report: Aug 2012

Aug 2012

3,500,000
3,000,000

T E Us2,500,000
2,000,000
1,500,000
1,000,000
500,000
0
2008

2010

2012

2014

2016

2018

2020

2022

2024

2026

2028

Yea r
Optimis tic

B es t E s timate

P es s imis tic

Thanks For
Your Kind
Attention andPatience

For Further Information Contact:
The Marketing & Public Affairs Manager,
Ghana Ports & Harbours Authority,
Port of Tema
Telefax
Mobile -(+233) 3030202758(+233) 202012414

E:mail addresses:

pansah@ghanaports.net
pansah@gmail.com

Web site:www.ghanaports.gov.gh

145

WMU & SAFE
Joint Meeting
WMU SASAKAWA FELLOWS' NETWORK MEETING IN THE AFRICAN REGION

ProgramDate : Thursday, 7 November, 2013
Time : 10:00 - 12:00
Venue : Sasakawa Center at University of Cape Coast
10:00-10:05

Opening Remarks by Dr. Deola Naibakelao, Managing Director, SAFE

10:05-10:15

Words from the Representatives of WMU & SAFE Alumni

10:15-10:35

Ceremony of the Presentation of Commemorative Gift, UCC to
The Nippon Foundation

10:35-10:50

Greeting from Mr. Katsuhiro Motoyama of The Nippon Foundation

10:50-11:05

Presentation (WMU graduate 1) *including Q&A (15 minutes)

11:05-11:20

Presentation (WMU graduate 2) *including Q&A (15 minutes)

11:20-11:40

Presentation (SAFE graduate) *including Q&A (20 minutes)

11:40-11:45

Closing Remarks (Mr. Eisuke Kudo, Special Advisor, OPRF)

11:45-12:00

Group Photo Session

Field Study Tour

Variety of Pictures from WMU & SAFE Joint Meeting

149

Field Study Tour

150

Field Study Tour

151

Field Study Tour

Analysis of the legal aspect of maritime piracy andarmed robbery against ships.
The case of Madagascar
Jean Edmond RANDRIANANTENAINA, Madagascar

Abstract

The development of maritime piracy off the coast of Somalia has threatened the maritime

activities in Madagascar and in the coastal States around the Eastern Africa and the Western
Indian Ocean region. Additionally, the chance of the development of armed robbery against ships
from the coast of Madagascar is not to be undermined due to the current vulnerability of its
internal security following four years of political crisis. In this regards, Madagascar needs tostrengthen its national legislation on maritime piracy and armed robbery against ships in orderto put in place the foundation of the pillars for addressing the problem. In this perspective, thefollowing paper proposes an analysis on how Madagascar can improve its national legislation toproperly arrest, prosecute and convict pirates and armed robbers at sea. In doing so, the author
identified firstly the parameters to be considered in a legislation on the matter based on theactual facts, looked at the international and regional legal references to which Madagascar canrefer to in the second step of his analysis, and then assessed the existing Malagasy legislation
before giving a proposal.
Keywords: Maritime piracy, armed robbery against ships, national legislation, judicial capacity.

1. Introduction

In his study on maritime piracy and maritime terrorism, Murphy identified seven factors

favourising maritime piracy namely legal and jurisdictional opportunities, favourable geography,
conflict and disorder, underfunded law enforcement, cultural acceptability, permissive politicalenvironment and reward1. Surprisingly, the present context in Madagascar seems to fulfil the
majority of these parameters except for conflict and disorder as well as cultural acceptability.
Hence, in order to resolve the problem of maritime piracy and armed robbery against ships, there
is a need to address all the aspects related to the above mentioned seven factors. In this regard,
it appears that addressing the problem surrounding the legal and jurisdictional opportunities
is at the basis of solving the issue. For this reason, as part of solutions for Madagascar to the
problem of maritime piracy and armed robbery against ships, improving and strengthening its
national legislation on the matter is of capital importance. In pursuing this route, three steps
need to be followed namely the identification of the parameters to be considered in the legislation
based on factual situations, the consideration of the existing international and regional legal
references, and the evaluation of the existing Malagasy legislation in order to provide a proposalof improvement.

1

Murphy, M.N, Small boats, Weak States, Dirty Money. Piracy and Maritime Terrorism in the Modern World, 2009 , at p.4

152Field Study Tour

2. The parameters to be considered in the legislation on maritime piracy andarmed robbery against ships
2.1  The facts

Two types of threats have to be considered for Madagascar in terms of maritime piracy andarmed robbery against ships: the Somali piracy and an eventual local maritime piracy and armed
robbery against from the coast of Madagascar.
Since the beginning of maritime piracy phenomenon off the coast of Somalia, the maritime
zones under the jurisdiction of Madagascar have been threatened by Somali piracy. Indeed,
thanks to the use of mother ship system, the area of operation of Somali pirates has expanded
off the coast of Madagascar since recent years. In December 2010 for instance, a pleasure craft
flying the flag of Madagascar known as the “Felicity” was attacked by Somali pirates just 20
nautical miles off the north-western coast of Madagascar and used as a mother ship to hijack
ships passing through the Mozambique Channel. In February 2011, a skiff 2, with Somali pirates
and crew members of a hijacked vessel known as “Zoulficar” left adrift 60 nautical miles off thenorth-eastern part of Madagascar, arrived in the port of Antsiranana to seek replenishment. The“M/V Zoulficar”, a Comoros flagged vessel, was hijacked as well as was used also as a mother ship
for almost three months. The Zoulficar case resulted in the arrest of 12 Somali pirates by the
Malagasy Navy. Among the arrested pirates, one was 16 years old. These two cases testify that
Somali piracy is a real threat to Madagascar. If we look closely to the Somali piracy, it consistsof hiring unemployed youth, employing poor fishermen to provide boats and navigational skills,
paying foreign businessmen to provide weaponry, communication means and vehicles, eventuallyhijacking a medium size vessel to be used as mother ship to expand operation zone, and then seize
a higher value vessel, look after hostages and collect a ransom.
From the coast of Madagascar, there is also a possible development of the maritime piracy
and armed robbery against ships due to the problem related to the internal security within the
country following the political crisis of 2009 and which persists up to present day. Indeed, theoccurrence on land of criminal acts that could form the ingredients of maritime piracy against
ships (such as kidnapping for ransom, armed robbery in various forms, etc.) and the fragility ofthe economical, the social and the political environment coupled with lack of resources to ensure
a proper maritime surveillance may also lead to the creation of opportunities for a thriving armed
robbery against ships off the coast of Madagascar if not prevented.
Based on the International Maritime Organization (IMO) and International Maritime
Bureau (IMB) reports, between 1992 and 2012, there were 10 reported cases of maritime piracy
and armed robbery against ships off the coast of Madagascar. They were perpetrated in ports, atanchorage, in the territorial sea and in the EEZ of Madagascar. Although the number of reported
cases seems to be more or less low, there is no certainty that other cases would have occurred but
went unreported.
In summary, the manifestation of maritime piracy and armed robbery against ships off coastof Madagascar is characterized by the following:- Type of acts: Hostage taking and asking for ransom, mistreatment of people on board thevessel, stealing personal belongings or equipment on board, cargo theft, vessel theft, etc.
2

A skiff is a small fibreglass made boat usually powered by very powerful engines used by Somali pirates to conduct an attack

153

Field Study Tour- Location of the incident: High seas, EEZ, Territorial Sea, Internal Waters.
- Type of perpetrators: national or foreign adults and minors.
- Specificity of the crime in some cases: transnationality and financial flow.
- Difficulty during the apprehension of the crime perpetrators due to insufficient operational
means and confusion on the rights and obligations of the authority authorized to arrest.
- Difficulty during the judicial process like during the “M/V Zoulficar” case.
2.2 The parameters to be considered in an anti-piracy legislation:
From the above mentioned facts, it can be concluded that the following parameters need tobe highlighted in an anti-piracy legislation:- The definition of the offense:  It is the description of the nature of the committed acts andthe various parameters to be taken in consideration to constitute the crime. Since there area certain number of criminal acts that could occur during a piracy or armed robbery at sea
attack, it is important that the definition covers the various possible scenarios. In addition,
because of the fact that the location of incident can be in any of the maritime zones as definedin the UNCLOS, the definition should consider any piracy and armed robbery against ships
incident happening in any of those maritime zones.
- The criminalization of the offense : It is to make the offense illegal as an event is only a crime
when it is defined as such by law3. It enables to bring charges against a potential offenderand to provide the appropriate penalty.
- The condition under which the perpetrators are apprehended : It is important to designate
the authority authorized to arrest, to define its rights and obligations, and to clarify theenforcement measures.
- The jurisdiction : It expresses the power and the authority to decide a particular case4 andto bring a person before the justice and to judge his or her rights5. In other words, there is aneed to precise the competent court.
- The judicial process and human rights issues: The judicial process is related to court’s
procedures including the investigation, the prosecution, the trial and the conviction. It is
often attached to the human rights issues which need to be addressed in context of maritime
piracy and armed robbery against ships’ repression as conformity to the international humanrights laws are recommended or even set as a mandatory requirement given the quasi
universal recognition of the protection of human rights.
- International co-operation: Given the possible involvement of several nationalities in amaritime piracy and armed robbery at sea case as well as the transnationality of the crime
eventually, international co-operation is vital in various domains. Hence, it is important thatthe legislation contains provisions on international co-operation.
- Conformity to the relevant international instruments and the internal law requirements:
It has been recommended that anti-piracy legislation should be established in line with3

United Nations Office on Drugs and Crime, Principles and framework for an international classification of crimes for statistical purposes,
Report of the UNODC/UNECE task force on crime classification to the conference of European statisticians, June 2012, at p.7

4

Subject matter jurisdiction

5

In personam jurisdiction

154

Field Study Tour

international law including international human rights law6. Indeed, if a country is party
to any international treaty pertaining to maritime piracy and armed robbery against
ships, it has the obligation to implement them. However, it is also crucial to be in line withthe existing national legal system requirements while implementing the international
conventions. In the context of maritime piracy and armed robbery against ships for instance,
there is a need to conciliate the implementation of the provisions on the matter provided ininternational conventions such as UNCLOS or SUA to those contained in national criminal
legislation (Criminal code, Criminal Procedure Code).
- Regional harmonization: The manifestation of maritime piracy and armed robbery against
ships is somehow similar within the affected region. For this reason, it is important toconsider neighbouring countries legislation on the issue while elaborating your own country
national legislation. Indeed, regional harmonization of the legislation is essential as if theperpetrators of the crime are not arrest within the maritime zones under the jurisdiction ofa coastal State and move in another, it will be ensured that they will be prosecuted similarly
and will receive almost the same penalty wherever they are arrested off the coast of any
coastal States within the region.

3. The international and regional legal references

Having identified the various parameters that are needed to be considered in an anti-piracy

legislation, it is important in the next stage to look at international conventions and neighboring
countries legislation pertaining to maritime piracy and armed robbery against ships highlighting
the identified key legal elements.
3.1 The international legal references:
In terms of international instruments, the following international conventions andresolutions contain provisions related to or which can be used to the context of maritime piracy
and armed robbery against ships:- The High Seas Convention (Art.14 to 23)- The United Nations Convention on the Law of the Sea or UNCLOS (Art.100 to 107, 110 and
111);- The International Convention for the Suppression of Unlawful Acts (SUA);- The United Nations Convention against Transnational Organized Crime (OCC);- The International Convention against Hostage Taking (HC);- The international instruments related to human rights: The Universal Declaration of
Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR),
the Convention on the Rights of the Child (CRC), the Convention Related to the Status of
Refugees (CRSR);- The United Nations General Assembly and Security Council Resolutions;- The IMO General Assembly Resolutions.
The UNCLOS proposes a definition of maritime piracy based on criteria related to thegeographical location of the commission the act (on the high seas or in the EEZ), the privateends requirement (economic and personal gain), the two ship rule (presence of a pirate ship
6

United Nations Security Resolution S/RES/2015 (2011), paragraph 9

155

Field Study Tourand a victim ship) and the considered type of acts (illegal acts of violence or detention, or actsof depredation)7. To complement the UNCLOS definition, the notion of “armed robbery against
ships” has been introduced to cover acts that are similar to maritime piracy but committed in the
territorial sea, or in the archipelagic waters, or in the internal waters8. However, maritime piracy
and armed robbery against ships when considering its manifestation can also be treated under
SUA Convention as unlawful acts against the safety of navigation9, or under the United Nations
Convention against Transnational Organized Crime known as the Organized Crime Convention(OCC) as an organized crime10, or within the framework of the International Convention against
the Taking of Hostages (HC) as a hostage taking11 in case of kidnap for ransom piratical act.
In terms of criminalization, although the UNCLOS does not include explicit provision
on criminalization of maritime piracy, the fact of allowing States to arrest persons involved inmaritime piracy and to decide upon the sanctions to be applied, implies that it should be done
under the domestic legislation and it would cover the commission of the act, participation,
incitement and facilitation12. The SUA convention, the OCC and the HC compel States Parties toconsider as offenses the attempt, commission of the act, support and facilitation13.
On the jurisdiction issue, the UNCLOS proposes the choice for States parties to exercise or
not universal jurisdiction over maritime piracy regardless of the nationality of the perpetrator(s),pirate ship(s)/aircraft, victim(s) or victim ship(s)/aircraft14 whereas armed robbery at sea remains
under coastal State jurisdiction15. The SUA convention, the OCC and the HC oblige the States
Parties to assert jurisdiction and proposes a more restrictive stand where a jurisdictional nexus
related to the nationality of the perpetrator(s), or the victim(s), or the flag of the ship involved,
and territorial link, are required. They compel also the States parties to prosecute (to assert
jurisdiction) or to extradite (to transfer the jurisdiction) the perpetrator(s)16.
As far as the condition under which the perpetrators are apprehended, the UNCLOS
provides a certain number of enforcement measures such as the arrest of suspected offender,
the seizure of pirate ship(s)/aircraft(s) and the property onboard, the prosecution and the trial
in national courts17, the designation of competent authority to conduct the arrest and seizure
as warships, or military aircraft, or other government ships and aircraft clearly marked andauthorized to that effect18 for maritime piracy cases. It provides also enforcement rights such as
7

UNCLOS, article 101 read in conjunction with article 58(2)8International   Maritime Organisation Resolution A.1025(26), paragraph 2.2. The term <armed robbery against ships> is used along with“maritime piracy “or “piracy” in various international instruments such as the United Nations General Assembly and Security Council
Resolutions, the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (RECAAP) and the Code of
Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean, the Gulf of Aden and the Red
Sea Areas.

9

SUA Convention, article 3, para.1(a), 1(b), 1(c) & 1(g), para 2

10 OCC, article 2(a)11 HC, article 1
12 UNCLOS, article 101 & 105
13 SUA Convention, article 5 ; OCC, articles 5, 6, 8, 23 ; HC, article 2.
14 UNCLOS, article 105
15 Ibid., article 2 ; article 19 paragraph 1 & 2(1), article 21(a), article 27
16 SUA Convention, article 6(1) & (2); OCC, article 15(1) & (2) ; HC, article 5(1)17 UNCLOS, article 105
18 Ibid., article 107

156

Field Study Tourthe right of visit19 and the right of hot pursuit20 but moreover enforcement safeguards such as
liability for arrest or seizure without adequate grounds21. In the same premise of enforcement
measures, the SUA convention provides for the master delivery of suspected offender to State
party authorities22. The same convention, the OCC and the HC oblige the States parties to arrest
suspected offender(s), to prosecute or extradite such person(s)23. The OCC provides also for the
seizure of property, equipments or means used for the commission of the act and the proceeds ofcrime24.
During the judicial process, the Universal Declaration of Human Rights (UDHR), theInternational Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of
the Child (CRC) and the Convention Relating to the Status of the Refugee (CRSR) incorporate
the human rights requirements that should be considered. They include the necessity to ensure
equality of dignity and rights, and equal justice25. During the arrest phase, the exemption toarbitrary arrest and detention needs to be guaranteed26. For the period of the investigation, theprosecution, and trial stage, the presumption of innocence and fair public hearing should beensured27. Upon conviction and with respect to the incarceration, respect of dignity and humanity,
segregation of accused and convicted persons are to be considered28. For the minors involved incrime like maritime piracy and armed robbery against ships, special treatment and consideration
should be arranged during the investigation, the prosecution, the trial and the incarceration29.
Based on the provisions related to the protection of the child, criminalization of acts related to therecruitment of children into maritime piracy and armed robbery against ships can be envisaged30.
As far as asylum issues are concerned, it is recognized that for serious non-political crime, asylum
request can be denied31.
The international cooperation is vital given the often international and transnational natureof most of maritime piracy and armed robbery at sea cases. Indeed, the General Assembly and the
Security Council of the United Nations in their respective resolutions emphasized on the need forinternational cooperation. The international treaties pertaining to maritime piracy and armed
robbery against ships (UNCLOS, SUA, OCC, and HC) provide also for provisions on international
cooperation and in some cases precise the various domains where bilateral or multilateral
cooperation is suggested to be developed such as law enforcement cooperation, extradition,transfer or delivery of suspected offender, joint investigation, etc32.
19 Ibid., article 110
20 Ibid., article 111
21 Ibid. article 106, article 110(2) & (3)22 SUA Convention, article 8
23 Ibid., article 6(1) & (2), article 7 ; OCC, article 15(1) & (2) ; HC, article 5(1)24 OCC, article 12 & 14
25 UDHR,, article 1 & 7
26 UDHR, article 9 & 10; ICCPR, article 9
27 ICCPR, article 14
28 Ibid., article 10
29 Ibid., article 10; CRC, article 40)
30 CRC, article 32(1) & article 36
31 UDHR, article 14; CRSR, article 1F(b) & article 33(2)32 UNCLOS, article 100; SUA Convention, articles 8, 11, 12, 13, 14 ; OCC, articles 13, 14(2), 16, 17, 18, 19, 27, 28 ; HC, articles 10(1), 11(1)157Field Study Tour

It is important to highlight that Madagascar is party to all of the above mentioned
international Conventions as summarized in the table below. Hence, as a State party, it has theobligation to implement them in its respective national legislations.
Table 1 International Conventions related to maritime piracy and armed robbery against ships to which Madagascar is party
CONVENTIONSENTRY INTO FORCE

MADAGASCAR’SRATIFICATION OR
ACCESSION

The 1958 Convention on High Seas (CHS)

30 September 1962

31 July 1962 (r)The 1951 Convention Relating to the Status of
Refugee (CRSR)

22 April 1954

18 December 1967(a)International Covenant on Civil and Political
Rights (ICCPR)

23 March 1976

21 June 1971(r)Convention on the Rights of the Child (CRC)

02 September 1990

19 March 1991 (r)The 1982 Law of the Sea Convention &Agreement on the implementation of Part XI(LOSC)

16 November 1994

28 September 2001 (r)The 1979 International Convention against theTaking of Hostages (HC)

3 June 1983

24 September 2003 (a)United Nations Convention against
transnational Organized Crime Convention(OCC)

29 September 2003

15 September 2005 (r)The 1988 International Convention for the
Suppression of Unlawful Acts of Violence
Against the Safety of Maritime Navigation(SUA Convention)

01 March 1992

15 September 2006 (a)3.2 Madagascar neighbouring countries models of legislation:
As mentioned previously, regional harmonization of legislation is fundamental in addressing
maritime piracy and armed robbery against ships. Hence, while elaborating or improving anational legislation, it is necessary to look at neighbouring countries legislation on the issue inorder to inspire from the model of provisions but moreover to consider harmonization. In thisrespect, maritime piracy and armed robbery against ships’ legislations of La Reunion (France),
Mauritius, Seychelles, Kenya and Tanzania can be taken as models for Madagascar and they
deserve particular analysis.
From the examination of the above mentioned countries’ legislation, it is noticed that themain features of legislation models in the region are characterized by the following:- The use of the UNCLOS, IMO Resolution A.1025 (26) and the SUA Convention as maininternational legal references;- Adaptation of the definition to the practical context by rectifying the deficiencies embedded in
the UNCLOS definition through the consideration of the IMO Resolution A.1025 (26) notionof armed robbery against ships and the SUA definition;- A certain number of maritime piracy and armed robbery at sea related acts are criminalized
namely attempt, commission, incitement or facilitation to commit and it appears that a158

Field Study Tour

deterrent penalty is allocated;- Designation of the competent court and extension of its jurisdiction to piracy and armed
robbery at sea acts committed in high seas, EEZ, and internal waters;- Designation of the competent authorities for the arrest of the perpetrators and the seizure of
the pirate ship, and indication of their rights and duties during the arrest process;- Adaptation of the judicial process to the context of maritime piracy and armed robbery
against ships taking into account the human rights dimension and the evidence management;- Introduction in the legislation provisions related to the international cooperation particularlyin the field of suspected pirates transfer.
In summary, there are a certain number of international instruments related to maritime
piracy and armed robbery against ships which can be implemented on national level while
drafting a national legislation on the matter. Madagascar is party to the majority to the majorityof the international conventions related to the issue. Additionally, its neighbouring countries
legislations on the matter can be used as models and regional references to ensure harmonization
with the countries in the region.

4. Evaluation of the Malagasy legislation

4.1 The Malagasy legislation on maritime piracy and armed robbery against ships: Identifying
deficiencies
Madagascar has a civil law system. Its national law on maritime piracy and armed robbery
against ships is based mainly on provisions on the issue embedded in the Malagasy Maritime
Code of 2000, the Criminal Code as a complementary legal reference and the Criminal Procedure
Code for the judicial process. There are other legal instruments that deal with the treatmentof juvenile involved in criminal case and related to the case of proceeds of crime gained fromtransnational organized crime activities from which reference can be made and adapted in thecontext of maritime piracy and armed robbery against ships.
- A restricted definition of the offenses:
The article 1.5.01 of the Maritime Code of 2000 gives the definition of maritime piracy
and reproduces almost verbatim the definition provided in article 101 of the UNCLOS. As
such, only piracy acts committed on the high seas and in a place outside the jurisdiction of
any State are considered. There is no precision or definition provided regarding acts thatare similar to piracy happening in the EEZ. Despite the fact that maritime piracy is also
considered in the EEZ based on the interpretation of the article 58(2) of the UNCLOS, it
should be literally specified in the national legislation in order for the interpretation to be
fully implemented. The fact of not specifying piracy as an act that can be also committed in
the EEZ within the national legislation leaves a legal uncertainty or a gap in treating by thenational courts an act that occurs in that particular maritime zone. As a concrete example,
the M/V Zoulficar was arrested 60 nautical miles from Madagascar coast. As such, it wasarrested in the EEZ not on the high seas which is defined as the sea not forming part of theinternal waters, the territorial sea and the EEZ according to the Maritime Code of 200033.
Hence, in referring to the maritime piracy definition stated in the Maritime Code of 2000,
33 Maritime Code of 2000, article 1.2.04

159

Field Study Tourthe M/V Zoulficar case is not a piracy case because nowhere in the definition, the term EEZ is
mentioned. Similarly, acts, which resemble to maritime piracy perpetrated in internal waters
and territorial sea, are not considered. The fact of not considering such acts in the national
legislation under one denomination leaves a big gap as such offenses would be treated undermultiple criminal offenses as provided in the Criminal Code.
The required presence of a victim ship/aircraft and a pirate ship/aircraft leaves out also
the case where the perpetrator(s) sneaked on board in port and decide to act from the inside
only when the vessel is on the high seas or in the EEZ.
Hence, the definition of the offense provided in the Maritime Code of 2000 contains
deficiencies in the sense that piratical acts committed in the EEZ is not expressly stated, actsthat are similar to piracy perpetrated in the internal waters and in the territorial sea known
as “armed robbery against ships” are not considered, and seizure and control perpetrated bypeople from the inside the same ship is not taken into account.
- The criminalization does not cover the full aspect of maritime piracy and armed robbery
against ships:
The Maritime Code of 2000 criminalizes the following offenses related to maritime
piracy and establishes the respective penalty:o A ship without nationality is considered as a pirate ship and its crew as pirates:
Article 7.13.01 of the Maritime Code provides that a ship navigating without thenecessary document that proves its nationality and the legitimacy of its expedition (A ship
without nationality) is considered as a pirate ship and its crew as pirates. The officers
on-board such ship are liable for a lifetime forced labor whereas the ratings are liable
for limited time forced labor34. In this case, the basis of considering the offense is only
the absence of nationality not the fact that the ship itself has been used by the crew ina piracy attack. Indeed, the fact of not having a nationality is an indication of suspicion
but it seems not to be enough to prove that the ship is a pirate ship and the crewmembers
are pirates unless other additional elements that are found on-board (Weaponry, smallboats, Jerry can, ladder, hostage, etc.) or the ship’s activity prior the boarding (Attacking
another ship, preparing an attack, etc.) shows that there was actually intent or actually acommitment to piracy. Moreover, in its comments on the article of the Law of Sea related
to the definition of a pirate ship or aircraft, the International Law Commission stated thatthe simple fact that a ship sails without a flag is not satisfactory to consider it as a pirate
ship35. Consequently, this provision of the Maritime Code of 2000 criminalizing a ship
without nationality on the high seas as a pirate ship represents a deficiency and should be
revised or omitted.
o A ship captain holding several commissions issued by various flag States is also considered
as a pirate pursuant to article 7.13.02 of the Maritime Code of 2000 and he is liable for
lifetime forced labor. In the same way as explained previously, the mere fact that a ship
34 Maritime Code of 2000, article 7.13.01
35 United Nations, Yearbook of the International Law Commission 1956, Volume II, Documents of the 8th Session including the report of theCommission to the General Assembly, 1957, New York: United Nations, article 41 commentary, at p. 283

160

Field Study Tour

captain holds suspicious documents regarding his position and his title on-board is not
sufficient to consider him as a pirate unless other substantial evidence demonstrates
that he uses the ship as well as its crew into piracy activity. Thus, this provision needs
also a revision or should be omitted from the Maritime Code criminalization provision on
maritime piracy.
o Committing a hostile act under a forged flag exposes the ship captain and the officers tolifetime forced labor pursuant to article 7.13.04 of the Maritime Code. Here, the hostile
act is not clarified even though the provision is treated under the chapeau of maritime
piracy. In fact, a hostile act may cover a range of possibilities such as attacking a ship inorder to destroy it or to commit other maritime terrorism act which is outside the scope ofmaritime piracy. Hence, hostile act is not only piracy.
o		 When committed with depredation or violence, by Malagasy nationals or foreigners andagainst a Malagasy flagged ship or against a ship flying the flag of a foreign State withwhich Madagascar is not at war, the offenders will be charged as pirates. Whether the
depredation or violence was committed without homicide or physical harm, the penalty islimited time forced labor but if it was committed followed by such acts, the perpetrators
are liable for a lifetime forced labor36. This provision seems to consider some of the key
elements of the definition of maritime piracy related to the type of acts that needs to becriminalized. Indeed, here illegal depredation and illegal violence are set as offenses andcorrespondent penalties are given. However, illegal detention is not covered and leaves a
gap on this criminalization provision.
o		 Any Malagasy nationals who are crew members of a ship and acting with violence toward
the captain in order to take control of the ship are liable for lifetime forced labor37. In
this case, the purpose of taking control is also not clarified whether the ship will be used
to commit piracy or to be utilized for other purpose. First of all, the fact that a ship istaken in control by the crew does not mean that it becomes a pirate ship right away
unless it is used or intended to be used to commit piracy. Secondly, in referring to thedefinition of piracy that has been used (A replicate of the UNCLOS, article 101), an act
perpetrated from the inside of the same ship is not considered as piracy. Consequently,
this criminalization provision calls also for a revision.
o		 Finally, any Malagasy nationals who are crew members of a ship and who handed overthe ship to pirates are liable for lifetime forced labor38. In this case, the underlying
concept of a pirate ship and a pirate seems to be considered. Indeed, by handing over aship to pirates, the crew fulfills the condition of voluntary participation in the operation
and being placed under the control of pirates, the ship becomes a pirate ship. However,
it is important to note that nowhere in the criminalization provisions in the Maritime
Code of 2000, attempt, or facilitation, or incitement to the commission of maritime piracy
is considered as an offense. Nevertheless, the Criminal Code provides that those whoare inciting and facilitating a felony are considered as accomplices and receive the same
36 Maritime Code of 2000, article 7.13.03
37 Ibid., article 7.13.06
38 Maritime Code of 2000, article 7.13.07

161

Field Study Tour

penalty as the perpetrators39. Thus, it would be under these provisions of the Criminal
Code that the attempt, incitement and facilitation of maritime piracy can be criminalized.
Since armed robbery against ships is not considered in the current legislation, suchacts would be treated under the Criminal Code with regards to criminalization. Hence,in case of a similar act as maritime piracy but committed in the internal waters or the
territorial sea (armed robbery against ships), it would be treated under the Criminal Codeby referring to several offenses such as theft40, assaults41, kidnapping42, murder43, attempt
to murder44, attempt to rape45, etc., depending on the acts committed and the circumstances
during the commission of the offense. The Criminal Code offenses constitute also aggravating
circumstances if committed along with maritime piracy and they would be included in
the charge in addition to the offense of maritime piracy. This was the case during the M/V
Zoulficar case where the 12 Somali pirates were charged with piracy but also kidnapping,assault and attempted rape as additional charge.
Overall, the criminalization provisions of the Maritime code of 2000 on maritime piracy
present several anomalies that need to be corrected and revised. It appears that situations
which do not constitute a complete evidence of a maritime piracy act are considered as piracy.
Additionally, not all the types of acts stated in the definition are criminalized under thecriminalization provision. Indeed, illegal detention, attempt, facilitation, and incitement tothe commission of maritime piracy are not considered and armed robbery against ships typeof acts are treated under the Criminal Code offenses.
- Jurisdiction:
Pursuant to article 1.5.05 which is a replicate of the article 105 of the UNCLOS,
the jurisdiction of Madagascar over maritime piracy extends to the high seas or in a placeoutside the jurisdiction of any State. In this regard, when Madagascar is the arresting State,
it may assert jurisdiction without distinction of nationality of the suspected offenders, thepirate ships/aircrafts, the victims, and the victim ships/aircrafts. The second paragraphof the article 1.5.05 states that “the competent courts may decide upon the penalties to be
imposed, and may also determine the action to be taken with regards to the ships, aircraftor property, subject to the rights of third parties acting in good faith” without specifying
which courts are the competent courts that are able to hear and determine a maritime piracy
case especially concerning a foreign flag vessel. For vessel flying the flag of Madagascar,
the Maritime Code of 2000 indicates that felonies or misdemeanors, committed on-board
such vessel, fall under Madagascar penal jurisdiction46. The examination of the Criminal
Code and Criminal Procedure code permits to have some clarification on the issue. The
Criminal Code classifies the offense into three categories namely felony, misdemeanor and
39 Criminal Code, article 60
40 Ibid., article 379 and following
41 Ibid., article 309 & 310 and following
42 Ibid., article 341 & 342 and following
43 Ibid., article 295 & 296 and following
44 Ibid., article 295 & 296 read in conjunction with article 2
45 Ibid., article 332 read in conjunction with article 2
46 Maritime Code of 2000, article 7.3.01

162

Field Study Tourpetty offense47. The classification depends on the penalty applicable to the perpetrator on
the basis of the committed offense. It is classified as a felony, an offense that is penalized bydeath penalty, lifetime and limited time forced labor48, deportation49, detention50, reclusion51
and the degradation of civil rights52. Misdemeanor53 concerns the offense that has a penalty
of limited time imprisonment in a regular prison, or limited time interdiction of political,
civil and family rights, or a fine whereas petty offense54 has a penalty of very limited time
imprisonment, or a fine, or the confiscation of seized object.  In case of a felony, the competentcourt is the Criminal Court55 which is generally affiliated to the Court of Appeal or createdwithin the First Instance Court when there is no Court of Appeal in the region. Being an
offense penalized by a lifetime or limited time of forced labor, maritime piracy is then afelony and consequently the Criminal Court is competent court to hear any case. However,despite the fact that Madagascar can extend its jurisdiction over piracy on the high seasaccording to the Maritime Code of 2000, the Criminal Procedure Code was not amended inthis regards and still provides only for a territorial competence (Land competence) of the
Criminal Court located in the place where the criminal offense was committed or where thesuspected offender’s arrest was performed or the one situated in the place of residence of
this latter56. There is no mention of any extension of the court competence in the territorial
waters, the EEZ or the high seas. This appears to constitute a major deficiency in termsof jurisdiction if one considers the issue in a strict manner, although in practice, like in
Zoulficar case, the Criminal Courts often assert jurisdiction over maritime criminal case.
As previously explained, the Maritime Code of 2000 does not define acts that are similar topiracy but are perpetrated in the territorial sea, or in the internal waters and remains silent.
Nevertheless, it states that Madagascar can exercise its penal jurisdiction over a foreign shipin the territorial sea in case where the consequences of any committed offense extends to theterritory of Madagascar, or the offense itself disturbs the peace of the country or the order inthe territorial sea, or the assistance of the Malagasy authorities has been required either by
the captain or a diplomatic representative of the flag State, or such measures are necessary in
the repression of illicit traffic in narcotic drugs or psychotropic substances57. Additionally, it isstated that in the internal waters, Madagascar has the right to exercise all the prerogatives
pertaining to the enforcement of its national law58. Consequently, any act similar to piracy
47 Criminal Code, article 2
48 Limited time forced labor penalty is pronounced for at least 5 years and for a maximum of 20 years. Criminal Code, article 19
49 Deportation consists of moving the convicted person to a place determined by the law where he will stay for the rest of his or her life.
50 A detention is an imprisonment in a high security prison for not less than 5 years and for not more than 25 years. Criminal Code, article 20.
51 A reclusion is an imprisonment in a medium security prison for not less than 5 years and for a maximum of 10 years. Criminal Code, article
21.
52 The degradation of civil rights consists of discharge from public position, privation of civil and political rights, interdiction of the right todetain a weapon, interdiction to part of a jury and to be part of the armed forces. It is often pronounced with an imprisonment penalty lessthan 5 years.
53 In a misdemeanour case, imprisonment is pronounced between 1 month to 10 years, or a fine superior to 100.000 MGA
54 In a petty offense case, imprisonment is pronounced between 1 to 29 days or a fine between 400 MGA and 100.000 MGA
55 Criminal Procedure Code, article 18
56 Ibid., article 34
57 Maritime Code of 2000, article 1.7.02
58 Ibid., article 1.7.03

163

Field Study Tour

committed in the territorial sea, if proved to fulfill one of the above mentioned conditions, or
perpetrated in internal waters, would be treated under the penal jurisdiction in Madagascar.
- Enforcement measures, competent authorities, their rights and obligations :The enforcement measures are similar to those given in the UNCLOS. Madagascar may(1) seize a pirate ship or aircraft, or a ship or aircraft engaged in maritime piracy and under
the control of pirates; (2) arrest the persons on board; and (3) seize the property on board59.
The Malagasy competent courts may decide upon the penalties to be imposed, and may also
determine the action to be taken with regard to the ships, aircraft or property, subject to therights of third parties acting in good faith60. Warships, or military aircraft, or other ships oraircraft clearly marked and identifiable as being in government service and authorized tothat effect are the competent authorities entitled to seize on account of piracy61. The use of
the term “warships” would refer to the Malagasy Navy and military aircraft would suggestthat the Malagasy Air Force would be also competent since it is the only agency having
military aircraft in Madagascar. There are other government ships such as those belonging
to the Fisheries Surveillance Centre or the National Gendarmerie but despite the fact thatthey are clearly marked and identifiable, their mandate does not include a piracy mandate.
The rights and duties of the enforcement authorities include the right of visit on the highseas62 and the right of hot pursuit beyond the contiguous zone63. When exercising its rightof visit, the warship can proceed to the verification of the document related to the right ofthe ship to fly its flag and if suspicion remains, a further examination can be conducted but
such right should be performed with adequate grounds64. However, the right to take coercive
measures and the right to divert to an appropriate port or position for further examination
are not mentioned. For penal offense on-board a Malagasy flagged ship in any maritime
zones by referring to article 7.3.02 of the Maritime Code of 2000, Navy Officers and Petty
Officers acting as commanding officer of a Malagasy Navy ship are authorized to conduct
any inquiry and to ascertain the commission of such offense on-board. With regards to thearrest of suspected offenders and their detention at sea, two issues need to be highlighted
as they appear to be missing in the current legislation namely (1) the right to arrest and todetain a person which is a prerogative attributed only to law enforcement officers or judicial
police officers not to the military i.e. the Navy or Air Force and (2) the procedure related tothe detention at sea and its duration which has to be in conformity to the Criminal Procedure
Code.
With regards to tracing and confiscating proceeds of crime, the Act n°2004-020 ofAugust 19, 2004 related to money laundering, tracing, confiscating and international cooperation on proceeds of crime indicates that any persons, because of their profession,
execute, control, or give advice in operations involving in movements of capitals, banks,
public and private financiers, postal services, insurance companies, mutual companies,
59 Maritime Code, article 1.5.05
60 Id.
61 Ibid., article 1.5.06
62 Ibid., article 1.4.05
63 Ibid., article 1.4.04
64 Ibid., article 1.4.05

164

Field Study Tourstock exchanges and foreign currency exchanges companies owners are compelled to informthe financial intelligence services if there is a suspicion that such capitals originated fromtransnational organized crime65. Hence, the current national legislation provides alreadylegal means to trace and confiscate proceeds of crime such as ransom in the context ofmaritime piracy and armed robbery against ships and to criminalize money laundering ofsuch proceeds of crime66.
- The judicial process and human rights issues:
The Criminal Procedure Code provides the description of the judicial process that has tobe followed for treatment of any penal offense from the arrest of the suspected offender up to
the trial. In addition, it gives the information regarding the competent court and competentjudicial authorities that are involved in the criminal proceedings. As indicated earlier, theCriminal Court is the competent court that can hear and determine maritime piracy andarmed robbery at sea cases as they are classified as felonies. As such, the judicial process
requires the intervention of the judicial police officers during the investigation phase, thepublic prosecutor, the instructional judge, the general prosecutor and the accusation chamber
for the prosecution stage and the trial to be held at the Criminal Court which is generally
affiliated to the Court of Appeal or created within the first instance court.
o The steps during the judicial process:In referring to the Zoulficar case, the arrest at sea (Step I) does not form part of
the judicial process as the Criminal Procedure Code itself does not contain provisions
regarding an arrest at sea. Indeed, based on the Criminal Procedure Code, the judicial
process begins only when the judicial police officers, who are the only authorized personnelof the judicial system to make an arrest, take under their responsibility the suspected
offenders. As described in table 1 below, a judicial arrest followed by an investigation (StepII) is normally performed by the judicial police officers who are either from the National
Gendarmerie or the National Police after the transfer of the suspected pirates or armed
robbers at sea by the Navy as experienced during the Zoulficar case. The judicial police
officers’ investigation is conducted under the supervision of the public prosecutor of theFirst Instance Court which has territorial jurisdiction in the region where the port ofdisembarkation of the suspected offenders took place67. After the investigation, the publicprosecutor then submits the case to the instructional judge of the first instance court toenable him to proceed for the first degree prosecution (Step III). Having established thatthe suspected offender can be charged of the offenses, the instructional judge processes
the case to the general prosecutor at the Court of Appeal in order for this latter to proceed
for a second degree prosecution in collaboration with the accusation chamber. When it isassessed by the accusation chamber that the prosecution is valid, it then submits the casefor trial to the Criminal Court of the Court of Appeal (Step IV).

65 Act n°2004-020 of August 19, 2004 related to money laundering, tracing, confiscating and international co-operation on proceeds of crime,
article3
66 Ibid., article 28 and following
67 Criminal Procedure Code, article 31

165

Field Study Tour

Table 2 - Steps during the judicial process of maritime piracy and armed robbery against ships case.
Steps
Step I :Arrest and seizure at sea

In charge

Detention condition

ReferenceNavy

Not provided in thelegislation

Maritime Code of 2000
(Art. 1.5.06)

Step II :Arrest on land andinvestigation(The right to have acounsel is provided bylaw, CPC, art. 53)

Judicial police officer
under the supervision of
the Public Prosecutor:
Either National
Gendarmerie or National
PoliceMaximum time ofdetention: 48 hours(CPC, art. 136).
If the arrest was done
outside the jurisdictionof the Judicial police
officer an additional day
per 25 km is added to the48 hours (CPC, art. 136,
137)

CPC (Art. 31, 53, 123,
124,126, 127, 128, 133,
136, 137, 138, 138 bis,
153)

Step III:
Prosecution(The right to have acounsel is provided bylaw, CPC, art. 53 bis)

Public Prosecutor(First Instance Court)
Instructional Judge(First Instance Court)
General Prosecutor(Court of Appeal)
Accusation Chamber(Court of Appeal)

Preventive custody:
Maximum time ofdetention is 8 months(CPC, art. 334 bis)
If necessary forthe purpose of theprosecution, an extensionof 6 months renewableonce may be allowed

CPC (Art. 53 bis, 149,
151,153, 154, 172, 179,
244 to 306, 309, 334, 334
bis)Step IV:
Trial(The presence of acounsel with the accused
person is mandatory
during the trial. If theaccused person did not
yet choose his counsel, a
court appointed lawyer
will be designated todefend him, CPC, Art. 65
to 67)

Criminal Court(Court of Appeal)

Conviction

CPC (Art. 18 to 22, art.
65 to 67, 373 to 394, 404
to 444)o Right to have a counselor and the presence of a translator during the judicial process:
The Criminal Procedure Code includes provisions giving the right for the suspected
offenders to have a counselor during the investigation and the prosecution phases68.
Furthermore, during the trial, the presence of a counsel to defend the accused person isrequired69. If a counselor is not yet chosen by the accused person at the commencement of
the trial, the court will appoint a lawyer to ensure his defense70.
o Preventive custody during the investigation and the prosecution :During the investigation by the judicial police officers, a maximum time of 48
hours of preventive custody is given. It is extended by one day per 25 kilometers when
68 Criminal Procedure Code, article 53 & 273
69 Criminal Procedure Code, articles 65 & 422
70 Id.

166

Field Study Tourthe location of the arrest is outside the city where the investigation is supposed to be
conducted71. Similarly, during the prosecution phase, the preventive custody should notexceed 8 months except for the express necessity for the correct accomplishment of theprosecution. It has to be noted that the suspected person can appeal the decision for a
preventive custody during the prosecution phase through its counselor.
o The request for a translator and an expert :During the judicial process the presence and request for a translator and an expert
are allowed by the Criminal Procedure Code72.
o Rules of evidence :The general rule is that the judges cannot establish their decisions on evidence thatis not provided in court and cross-examined before them73. The evidence can be given
orally through witness, confession, written evidence and through expertise.
o Appeal :The decision of the Criminal Court can be appealed in the Cassation Court which isaffiliated to the Supreme Court74.
o Case of children involved in maritime piracy and armed robbery against ships:
The legislation regarding the juvenile involved in a criminal case is provided in the
Presidential Order n° 62-038 of September 19, 1962 concerning the protection of the childread in conjunction with the Criminal Procedure Code. When a child commits a felony,
the Malagasy criminal law sets the age of 13 to be the minimum age for a person to becriminally liable75. Therefore, a child involved in piracy and armed robbery against ships
above 13 years old is criminally responsible as an adult. However, the child between theage of 13 and 18 years old enjoys the excuse of the minority when defining the penalty.
The treatment is also different during the judicial process in terms of detention and trial.
Indeed, during the arrest, the investigation and the prosecution, the case will be treatedby the same authorities as depicted in the table 1 and the suspected minor offender isgranted the same rights as the adults76. However, during the trial part, the Juvenile
Criminal Court, which is a court belonging to the Court of Appeal, hears and determines
the case77. When convicted, the juvenile criminal is granted a less harsh penalty due to theexcuse of the minority. For example, if maritime piracy is penalized by a life forced laborfor an adult, the juvenile pirate between the age of 13 and 18 is convicted for 20 years of
imprisonment78. In terms of detention either as accused or convicted person, the minor
should be separated from the adults in prison as provided by law.

71 Criminal Procedure Code, articles 136 & 422
72 Ibid., article s265, 392 & 426
73 Ibid., articles 373 to 394
74 Ibid., articles 444, 539, 540, & 542
75 Presidential Order n° 62-038 of September 19, 1962, concerning the protection of the child, article 24. Confirmed by the Public Prosecutor of
the First Instance Court of Antsiranana, Madagascar in his exchange of email with the author on August 23, 2012.
76 Presidential Order n° 62-038 of  September 19, 1962 concerning the protection of the child, articles 19 to 25
77 Ibid., article 26
78 Ibid, article 45, paragraph 1

167

Field Study TourThe analysis of the Malagasy Criminal Procedure Code related to the judicial process
permitted to realize that its provisions allow the investigation, prosecution and the trial
for the account of maritime piracy and armed robbery against ships without too much
hindrance. The provisions related to the right for the suspected pirates and armed robbers
at sea to have a counselor during the judicial process, the allowance for a translator andthe rules pertaining to the preventive custody seem to respond to the requirement of theinternational law of human rights. Similarly, the provisions on the judicial process forjuvenile criminals embedded in the Presidential Order of September 19, 1962 concerning
the protection of the childhood are in conformity with the Convention of the Rights of theChild (CRC). Therefore, no particular amendments are needed in this regard. However,
the only issue that needs to be addressed resides in the rules of evidence where therequirement of witness's appearance in court during the trial may be difficult especially incases involving foreign nationals and foreign ships. Indeed, the witnesses in the context
of maritime piracy and armed robbery against ships are often the seafarers or passengers
who were victims of such acts and the Navy personnel who came to rescue them andarrested the pirates.
- Absence of provisions on international cooperation:
The Maritime Code of 2000 does not contain any provision related to international cooperation for the repression of maritime piracy despite the fact that it utilizes the UNCLOS
as main legal reference. This fact appears to be a major deficiency in the existing national
legislation on the issue. As it is identified previously, the international law on maritime
piracy and armed robbery at sea promotes and even requires international cooperation for
the repression of such crimes.
4.2 Proposed areas of improvement- Definition of the offense:
To rectify the deficiencies in the current definition, three definitions are proposed
to be introduced in terms of definition of the offenses by referring to the UNCLOS, theInternational Maritime Organization resolution A 1025 (26) and the SUA Convention:(1) Definition of “maritime piracy” as defined by the article 101 of the LOSC but amended
in introducing the term “EEZ” in order to cover acts committed on the high seas and the
EEZ:“Maritime piracy” consists of any the following acts:(a) any illegal acts of violence or detention, or any acts of depredation, committed for
private ends by the crew or the passengers of a private ship or a private aircraft, anddirected:i. against another ship or aircraft, or against persons or property on board suchship or aircraft on the high seas or in the EEZ of Madagascar ;ii. against a ship, aircraft, persons or property in a place outside the jurisdiction of
any State;(b) any act of voluntary participation in the operation of a ship or of an aircraft withknowledge of facts making it a pirate ship or aircraft;
168

Field Study Tour(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a)or (b).”(2) Definition of “armed robbery against ships” or “armed robbery at sea” to cover acts
committed in the territorial sea and internal waters:“Armed robbery against ships” or “Armed robbery at sea” consists of any of the following
acts:(a) any illegal act of violence or detention or any act of depredation, or threat thereof,
other than an act of maritime piracy, committed for private ends and direct against
a ship or an aircraft, or against persons or property on board such a ship or anaircraft, committed within Madagascar’s internal waters or territorial sea;(b) any act of inciting, or of participating, or of intentionally facilitating an act describedabove.”(3) Definition of “maritime violence” which should reproduce verbatim the definitionof unlawful acts against the safety of maritime navigation as provided by the SUA
Convention article 3 to cover any acts that are perpetrated from the inside of the ship
and to fill gap generated by the two ships/aircraft rule in the maritime piracy definition.
In fact, the designation of the amended legislation would be Maritime Piracy, Armed
Robbery against Ships and Maritime Violence Act in which a chapter would treat maritime
piracy and armed robbery against ships and another chapter would cover maritime violence
which is related to the implementation of the SUA Convention but would allow filling the gap of
the previous chapter. In other words, if the offense is not be cover by maritime piracy and armed
robbery against ships, it will be treated under the maritime violence.
- Amendment of the provision on criminalization:
In the process of correcting the deficiencies related to the criminalization embedded in
the current national legislation on maritime piracy and armed robbery against ships, it issuggested to simplify the provisions related to that effect rather than going into details as
they are currently done with considerations that do not constitute fully these crimes. Hence,
it is recommended to criminalize the defined offense as a whole in one package instead
criminalizing each element of the definition. In this regards, since participation, incitement
and facilitation are already included in the definition of maritime piracy and armed robbery
at sea, criminalizing the commission of both acts suffices to criminalize also participation,
incitement and facilitation. However, the attempt should be included separately in addition
as it is not inserted in the definition of the offenses.  As maritime piracy and armed robbery
at sea are similar in nature, they should therefore be penalized by the same penalty. Hence,the criminalization provision should be established as follows:“Anyone who attempts to commit or commits maritime piracy or armed robbery against
ships as defined in the present act shall commit an offense and shall, on conviction, be
liable for lifetime forced labor”.
The penalty of lifetime forced labor is chosen as it is the reference penalty given in the
Maritime Code of 2000 and it seems to be a deterrent penalty. Additionally, for the sake ofthe protection of the child, it is also suggested that the recruitment and use of children andyouth in maritime piracy and armed robbery against ships should be criminalized also and169

Field Study Touran appropriate penalty should be given for the recruiter(s).
- Jurisdiction:
In terms of jurisdiction, it is important to specify which court is competent to hear anddetermine maritime piracy and armed robbery at sea cases. As the offenses are committed
either in the high seas, or in the EEZ, or in the territorial sea, or in the internal waters, it
is fundamental to extend by law the jurisdiction of the Criminal Courts, which is mainly aterritorial jurisdiction according to the Malagasy Criminal Procedure Code, to those maritime
zones. In addition, it should be clarified how the location of the competent Criminal Court
is determined. In this regard, the location of the port where the transfer of the suspected
offenders will be conducted for the commencement of the judicial process should be thedetermining factor. Consequently, the provisions related to the jurisdiction should be written
as the following:“(1) For the purposes of this Act, the jurisdiction of the Malagasy Criminal Courts asprovided in the Criminal Procedure Code extends to:(a) the internal waters and within the territorial sea of Madagascar for armed
robbery against ships offenses(b) the EEZ and on the high seas for maritime piracy offenses;(2) The Criminal Court exercising the jurisdiction is the one having jurisdiction
within the region where the port of disembarkation of the suspected offenders forthe purpose of their transfer to the judicial competent authorities is located.”- Clarification of the provisions on enforcement measures, competent authorities for the arrest,
arrest and detention at sea arrangement:
It appears that in order to strengthen the provisions related to the enforcement
measures, consistency between the legislation related to maritime piracy and armed robbery
against ships and the Malagasy Criminal Procedure Code needs to be ensured and thefollowing issues should be clarified within the legislation: the appointment of the competentauthorities, their legal status, their rights and duties.
o Appointment of the competent authorities for the arrest and seizure:With the reference to the UNCLOS, article 107 related to the ships and aircraft
entitled to seize on account of maritime piracy, the national legislation should appoint ina specific manner the government agencies that are authorized to do so at the national
level. In this regard, in Madagascar context, it should be primarily the Navy as it is thegovernment agency in charge of maritime security and due to the fact that it is the one
referred by the UNCLOS. However, for the purpose of combining the effort, other agencies
that have operational capabilities may also be included additionally (i.e. Malagasy Air
Force, National Gendarmerie and Fisheries Surveillance Centre Administration).
o The legal status of the competent authorities:
In referring to the Malagasy Criminal Procedure Code, to be legally capable toascertain a criminal offense including to conduct an arrest and a seizure, it is necessary
to be a judicial police officer or law enforcement officer. In this regard, as the Navy (andother government agencies as the case may be) is appointed as the competent authoritythat will be conducting an arrest and seizure at sea on account of maritime piracy and170

Field Study Tour

armed robbery against ships, its personnel should be given the status of judicial police
officer for the purpose of repressing such act. The fact of giving the Navy personnel thestatus of judicial police officer for the account of maritime piracy and armed robbery at
sea will render legal the arrest and seizure that they perform at sea in relation to theprocedure and practice within the national judicial system. Only the National Police
and Gendarmerie are stated specifically in the Malagasy Criminal Procedure Code as
judicial police officers. They work mainly under the supervision of a public prosecutor
or an instructional judge as the case may be and the general prosecutor of the Court ofAppeal. However, article 124 and 128 of the Malagasy Criminal Procedure Code providethat the status of judicial police officer can be granted to some civil servants by the law. It
is pursuant to the provisions of these two articles that the Navy personnel are granted thestatus of the judicial police officer on account of maritime piracy and armed robbery at sea.
In terms of jurisdiction’s limit, they should be given a national competency so that they
can process a case anywhere in Madagascar.
o The rights and duties of the competent authorities and the procedures during the arrest
and seizure at sea:
Pursuant to the UNCLOS provisions, the right of visit, the right of hot pursuit andthe right of arrest and seizure are granted to the competent authorities. Every elementof these rights should be detailed in the provisions in the national legislation to avoid
ambiguity especially during the operational phase of the repression of maritime piracy andarmed robbery at sea. Overall, these rights should include stopping, boarding, inspecting,searching, detaining or seizing a pirate ship or aircraft, or a ship or aircraft taken by andunder the control of pirates. It should encompass also the right to arrest the suspected
offenders, to seize the property on board and any means used to commit the offense, andto divert the seized ship to a port or an appropriate location for the purpose of further
examination or for the judicial process. Here, it is of capital importance to affirm that inpursuing the right of visit, the competent authorities may use force that may be necessary.
In fact, as pirates and armed robbers at sea often use deadly weapons and may not compel
to the arresting party instructions during the arresting phase, it is important to authorize
by law the use of force.
It is also important to clarify in the national legislation the procedure to be followed
during the arrest and detention of the suspected offenders at sea as well as during the
seizure of the pirate ship or aircraft. Indeed, for the purpose of respecting the humanrights related to arbitrary arrest and detention, it is vital to establish a legal basis
regulating the arrest and the detention of the suspected offenders at sea. When an arrest
and a seizure have been realized at sea, it should be reported immediately to the judicial
authorities intended to handle the case through the Navy chain of command. The reason
for referring immediately to the judicial authorities intended to handle the case is (1)to make them aware of the arrest, (2) to enable them to be informed and to monitor thedetention at sea and (3) to enable them to be prepared to take the responsibility overthe case when the suspected offenders arrive in port for the beginning of the judicial
process. The condition of detention at sea needs to have some legal background similar
171

Field Study Tourto the detention after an arrest on land. Indeed, after any arrest on land, the Criminal
Procedure Code provides that the judicial police officer has only 48 hours to detain asuspect for the purpose of an investigation79. However, if the arrest was performed outsideof the limit of the city of residence of the judicial police officer, the 48 hours are extended
one day per 25 kilometers80. Similar standard should be applied for the arrest at sea bytaking into account the operational requirements such as the distance of the location of
the arrest at sea to the nearest port where is located a competent court, the technicalcondition of both the arresting ship and the seized ships as well as other factors such as
the weather conditions during the transit. On this particular issue, the French system canbe considered as an example. Indeed, after the expiration of the 48 hours of detention atsea, 120 hours extension can be requested to the custodial judge under the French law on
maritime piracy. In the Malagasy context, such request for extension can be addressed tothe public prosecutor who is supposed to supervise the investigation of the judicial police
officer.
- Amendment of the rules of evidence provisions:
For several reasons such as the expense for supporting the travel and the stay of
witnesses as most the time they live in different parts of the world, or witnesses’ incapacity
to attend the trial for post trauma and health reasons, or retention on duty at sea of thewitnesses as they are sailing under new contract, difficulties may arise to ensure theirattendance in court on the day of trial. To overcome such problem, the legislation related
to the rules of evidence should be amended to accept a video released testimony so thatthe witness can testify through a videoconference in court. This practice has been alreadyadopted by countries like the Seychelles and Kenya.
- Introduction of provisions on international cooperation in the legislation:
Indeed, without interstate cooperation, it is practically impossible to address the
problem. In fact, a maritime piracy and armed robbery at sea case may involve several people
coming from different countries as suspected offenders, victims, arresting party or even as
investigators, prosecutors and judges. Thus, it is obvious that international cooperation isvital. To be able to frame and to give a basis for such international co-operation, provisions inthis regard should be incorporated in the national legislation in order to have the force of law.
The advantage of having international cooperation provisions in the national legislation isthe authorization provided by the law to engage the country in various fields of cooperation.   
These may include information sharing, law enforcement cooperation, extradition, transfer ofsuspected pirates, joint investigation, mutual legal assistance, post trial transfer of convicted
offenders and capacity-building. The choice of entering into an agreement with foreign States
in any of the fields proposed is a matter of public policy choice but in any case they should be
already stated in the national legislation related to maritime piracy and armed robbery atsea.

79 Criminal Procedure Code, article 136
80 Criminal Procedure Code, article 137

172

Field Study Tour5. Required additional measures: Strengthening the judicial capacity

Conducting a reform of the national legislation on maritime piracy and armed robbery

against ships is not sufficient but improving the judicial capacity is also of capital importance.
Indeed, in order to properly implement and enforce the established national legislation on theissue, having an adequate judicial capacity becomes essential. The judicial capacity concerns
the human resources of the judiciary in terms of manpower and skills to handle maritime
piracy and armed robbery against ships cases in one hand, and the refurbishment of the courts’
infrastructure as well as the prisons’ infrastructure in the other hand.
5.1 Human resource capacity building:
Maritime piracy and armed robbery against ships are quite new phenomena for the judiciary
institution in Madagascar. So far, only the “M/V Zoulficar” case was handled by one of the
Criminal Courts. For this reason, the experience of the judicial personnel on the issue is still very
limited. Therefore, there is a real need for training and capacity building for the law enforcement
officers in terms of investigation related to such crime. The prosecutors, the instructional judges,
and judges should also receive training related to the international and national legislation on
the matter, exchange experiences with their foreign counterpart to get to know their experiencesin dealing with the issue. Additionally, there is a need to consider of forming a pool of defense
lawyers to ensure the counseling and eventually the defense of the suspected offenders in casethey do not have the possibility to have their own. Finally, there is also a need of forming a pool oftranslators in order to ensure a fair and equitable trial.
5.2 Improving the existing judicial infrastructures:
Pursuant to the proposed area of improvement in the national legislation on maritime
piracy and armed robbery against ships, the existing infrastructure needs to be improved.
- Courts’ infrastructure:
As stated in the proposed national legislation on maritime piracy and armed robbery
against ships previously discussed, the competent Criminal Courts are those having
jurisdiction in

the port where the suspected offenders are brought and handed over to the

judicial police officers in order to begin the judicial proceedings. At present, there is one
Criminal Court which is affiliated to a Court of Appeal in the each coastal city where the 5international ports in Madagascar are located. However, to support video linked evidence,each court room needs to be equipped with communication means that will permit the
conduct of a video conference with the witnesses.
- Prisons’ infrastructure:
Madagascar has in total 40 prisons. There is a prison in each coastal city where islocated a criminal court that is likely to try maritime piracy and armed robbery at sea cases.
However, prisons in Madagascar are very old as several of them were constructed during thecolonization period and in addition a great majority is overpopulated. This situation has an
impact in terms of compliance with human rights standards. For this reason, there is a realneed either to expand and to rehabilitate the existing prisons or proceed to the constructionof new prisons in order to meet the human rights standards and to accommodate convictedpirates and armed robbers at sea.
173

Field Study Tour6. Conclusion

With the scourge of maritime piracy and armed robbery against ships in the region where

Madagascar is located and off its coast, there is a crucial need to have an adequate national
legislation on the matter and an appropriate judicial capacity to better prepare to address theissue. Madagascar has a national legislation that takes into account the UNCLOS as a principal
reference. However, after the analysis of the current legislation, it appears that it contains acertain number of deficiencies that need to be rectified with regards to various key legal elements.
Hence, amendments are proposed in the definition of the offenses by introducing the notion of“maritime piracy” to cover those acts committed on the high seas and the EEZ, “armed robbery
against ships” or “armed robbery at sea” to take into account the acts committed in the territorial
sea and the internal waters, and “maritime violence” to cover acts that are beyond the scope ofthe two ship rules of maritime piracy. The criminalization provisions are proposed to be simplified
by considering the attempt and the commission of the acts as participation, incitement, andfacilitation are already embedded in the definition of the offenses. Recruiting and using children
in maritime piracy and armed robbery at sea activities are suggested to be criminalized. In termsof jurisdiction, the universal jurisdiction principle is maintained. However, the competent court
is identified as the Criminal Court and its jurisdiction has to be clarified to be extended to thehigh seas, the EEZ, the territorial Sea and the internal waters. A certain number of amendments
are also advanced in terms of the enforcement measures regarding the designation of thecompetent authorities to conduct such actions, their legal status, their rights and duties, andissues related to the arrest and detention at sea. It was realized that Criminal Procedure Codeappears to reflect the requirement of the international human rights law when looking at theexecution of the judicial proceeding. Nevertheless, an amendment of the provisions on rules if
evidence was suggested to include video linked evidence. Finally, the introduction of a provision
on international co-operation is recommended. On the basis of the proposed improvement of
the national legislation, the judicial capacity needs to be enhanced in terms of human resource
capacity building as well as in terms of infrastructure for courts and prisons. Nevertheless, it isimportant to highlight that adequate national legislation and judicial capacity constitute only
the basis of the anti-piracy and armed robbery against ships actions but other components ofoperational, political and socio-economical dimension have to be considered too.

174

Field Study Tour

References
International Maritime Organization. (1988). Convention for the Suppression of Unlawful Acts of Violenceagainst the Safety of Maritime Navigation. Retrieved from http://cns.miis.edu/inventory/pdfs/
aptmaritime.pdf
International Maritime Organization. (2010). Code of Practice for the Investigation of Crimes of Piracy andArmed Robbery against ships. London: IMO
Ministry of Justice. (2000). Criminal Procedure Code and Code of Justice of National Service. Antananarivo:
Imprimerie d’ouvrages educatifs.
Murphy, M.N (2009). Small boats, Weak States, Dirty Money. Piracy and Maritime Terrorism in theModern World. London: Hurst & Company.
Rasamoely, G. (2000). Collection of maritime legislations (Acts, decrees, orders), Maritime Code of 2000.
Antananarivo: Lohandro-ASFOMER
Republic of Madagascar. (2005). Criminal Code. Retrieved from file:///F:/Judiciaire/Cp%C3%A9n.htm
Republic of Madagascar. (1962). Presidential Order n° 62-038 of September 19, 1962 concerning theprotection of the child.
Republic of Madagascar. (2004). Act n°2004-020 August, 09 2004 concerning money laundering, tracing,
confiscating and international co-operation on proceeds of crime. Retrieved from http://www.samifin.
gov.mg/fr/fichier/Loi_2004_020.pdf
United Nations. (1948). The Universal Declaration of Human Rights. Retrieved from http://www.un.org/
en/documents/udhr/index.shtml
United Nations. (1951). Convention relating to the Status of Refugees. Retrieved from http://www2.ohchr.
org/english/law/refugees.htm
United Nations. (1956). Yearbook of the International Law Commission 1956, Volume II, Documents of the
8th Session including the report of the Commission to the General Assembly, 1957, New York: United
Nations,
United Nations. (1958). Convention of the High Seas. Retrieved from http://untreaty.un.org/ilc/texts/
instruments/english/conventions/8_1_1958_high_seas.pdf
United Nations. (1979). International Convention against the Taking of Hostages. Retrieved from http://
cil.nus.edu.sg/rp/il/pdf/1979%20International%20Convention%20Against%20the%20Taking%20
of%20Hostages-pdf.pdf
United Nations. (1966). International Covenant on Civil and Political Rights. Retrieved from http://www2.
ohchr.org/english/law/ccpr.htm
United Nations. (1989). Convention on the Rights of the Child. Retrieved from http://www2.ohchr.org/
english/law/crc.htm
United Nations. (1997). The Law of the Sea, United Nations Convention on the Law of the Sea, Agreement
relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea with
Index and excerpts from the Final Act of the Third United Nations Conference on the Law of the Sea.
New York: United Nations.
United Nations. (2000). United Nations Conventions against Transnational Organized Crime andthe protocols thereto. Retrieved from http://www.unodc.org/documents/treaties/UNTOC/
Publications/TOC%20Convention/TOCebook-e.pdf
United Nations Security Council (2011). United Nations Security Resolution S/RES/2011. Retrieved from175

Field Study Tour

http://www.un.org/ga/search/view_doc.asp?symbol=S/RES/2015%20(2011)
United Nations Office on Drugs and Crime & United Nations Economic Commission for Europe. (June,2012). Principles and framework for an international classification of crimes for statistical purposes.
Report of the UNODC/UNECE task force on crime classification to the conference of European
statisticians. Retrieved from http://www.unodc.org/documents/data-and analysis/statistics/
crime/Report_crime_classification_2012.pdf

176

Field Study TourMy professional life before, during and after graduationfrom the WMU and the “Sasakawa connection”.
Dallas Eric Laryea (Capt), Ghana

Before WMU

Prior to enrolling at the World Maritime University (WMU), professional I have being aseafarer and then a lecturer.
My sailing career spanned a period of thirteen (13) years, starting as a cadet officer in 1995
after graduating with a two (2) year Higher National Diploma in Nautical Science from the thenRegional Maritime Academy (RMA) in Accra, Ghana. I retired from sailing in December 2007 asa master haven risen through the various ranks over those years and also obtained my MasterMariner Certificate of Competence.
I joined the faculty of the Regional Maritime University, former RMA, as a lecturer in
February 2008. Then in 2010 I gained admission to pursue Maritime Safety and Environmental
Administration (MSEA) at WMU which was made possible by the gracious sponsorship by the
Nippon foundation.

Stay at WMU - Malmo

My study at WMU and stay at Malmo, Sweden, has given me varied rich experience,

knowledgeand composure through activities such as lecture times, meeting research assignment
submission deadlines, preparing for examinations, the rich worldwide field study travels,
football playing times and parties which is my pressure relieve button just to mention a few. It
is important to mention the invaluable friends and classmates all over the world network I havegained through my studies at WMU.

After Graduation

I rejoined the RMU in December 2011 after my successful graduation from WMU, andthen in September 2012 I was appointed the acting Head of Department for the Maritime
Safety Department of the Faculty of Maritime Studies. There was a vacancy for a position in
the International Maritime Organization (IMO) for the IMO Regional Coordinator for West andCentral Africa (Anglophone) based in Accra, Ghana and as destiny will have it, I applied andwas appointed to the position and assumed office on 1st November, 2012, after successfully going
through the pre-screening processes.
The “Sasakawa connection” has played a major part in the role I am playing today in themaritime sector through the office I occupy today.

177Field Study Tour

OutlineMY PROFESSIONAL LIFE BEFORE,
DURING AND AFTER GRADUATIONFORM THE WMU & THE SASAKAWACONNECTION.
DALLAS ERIC LARYEA (CAPT)
(
)
GHANA
CLASS OF 2011

B f
BeforeWMUStayy at WMU
After graduation
The Sasakawa connection

Before WMUTwo parts of the life before;
Seafarer

Lecturer

Stay @ WMU - MalmoLectures
Assignments
ExamsField studies
PartiesSports
Friends
SwedishcultureAfter graduation
Back totthee
classroom
NewN

appointm
ent with
the IMOThank you for your attention

178

The Sasakawa connection

Closing Session
WMU SASAKAWA FELLOWS' NETWORK MEETING IN THE AFRICAN REGION

Closing Session

Closing Remarks
Eisuke Kudo
Special Adviser, OPRF
Good morning, everyone.
As my closing remarks, I would like to address a speech in my own way.
Since Sasakawa Fellows’ Network Meeting held in Bangkok 2007 and in Colombo 2010, I
had been wishing to hold a similar Regional Network Meeting somewhere in Africa.
And about one year ago when we heard about Mr. Sasakawa’s possible attendance to theSAFE 20th Anniversary in Ghana, we had started to prepare for this Regional Network Meetingin Ghana since then.
It was a pity that we were not able to meet Mr. Sasakawa on this special occasion. As you
are aware, his unexpected cancellation was announced the other day due to his family reason.
In fact, his role as a leader has become more and more important globally and domestically.
We are aware that there are many programs on capacity building supported by The Nippon
Foundation. And I am sure that he has a strong attachment for WMU Sasakawa Fellowship
Program. I suppose the reasons are as follows.
International Unification based on the similar business of maritime affairs
Animation for interchanging among graduates
Individual report or letter directly addressed to him
He always seeks for the opportunities to meet WMU Sasakawa Fellows if the schedule
allows him to visit your country.
I have a routine for myself to visit his office to hand over a new edition of the Newsletter
when it comes out, and this is a very worth opportunity to inform him about latest news on the
Sasakawa Fellows and their activities. Thanks to his secretary’s office, they give me the firstpriority to see him even though a very short time.
Now, I am very pleased to see the reports drafted by all the delegates here in greatcooperation. You all did deliver positively on many subjects, agenda items what and how our
future network shall be.

181

Closing Session

Besides, you exchanged a wide variety of information on maritime affairs and very frankopinions during the meeting.
Moreover, we could make mutual recognition each other beyond the year of graduation year
and countries.
It is you who came to participate in this meeting, so you are the core of all WMU graduates
in Africa.
I am very happy to return to Japan bringing with my firm belief as mentioned. I am going to
make an appointment with Mr. Sasakawa to let him know about this successful meeting.
Last but not least, I would like to express my gratitude to prof. Hikima, Mr. Marumoto,and all Ghanaian Fellows. This network meeting would not have succeeded without their greatcooperation.
Inclosing, I wish all of you here success in your careers and future activities. Von voyage
Nov. 9, 2013182

Country ReportWMU SASAKAWA FELLOWS' NETWORK MEETING IN THE AFRICAN REGION

Country Report

CAMEROON
1. Country Overview
Land area : 475,000 km2
Population : 20 million
Main industries : - Cameroon Development Corporation- Cameroon oil Refinery- Autonomous Port of Douala- Cameroon Aluminum Company- Cameroon Railway Corporation- Cameroon Airlines Corporation- SODECOTON
Main trading partners : China, Europe, Japan, England, Dubai

2. Maritime Overview(1) Maritime industry

Shipping and water transportation :Shipping and water transportation is carried out by authorized companies, some ofwhich include : MAERSK, MSC, DELMAS, SDV, GETMA etc…
Ports and harbor : Main Ports - Douala
Subsidiary Ports - Garoua, Tiko, Limbe and Kribi
Seafarers : Many seafarers available but no seafarers’ register exist
Naval arch./dockyards : Only one in C am eroon known a s t he C am eroon Shipya rd
Engineering LTD
GDP total :GDP ratio against all industries :(2) Main ports including planned ports.
Name : Douala port
Cargo handling capacity : About 400,000T/ year
Characteristics : - Container terminal- Cement /petroleum terminal- Two gantry cranes- Multipurpose terminal- Depth under chart datum is approx. equal to 6 m
Planned ports : - Creation of a deep sea port in Kribi. The project is going on.
- A shipyard project is in the pipeline for the creation of a port in Limbe, for
the importation of cement(3) Fleets :Cargo ship - number of fleet ; both domestic and ocean-going categor y of ships 500GTor more : Mostly domestic, the number is not known due to inconsistency in handling data
within the maritime administration.
Ferry, Passenger ships : 24 metres or more or above 20GT : About 7 ferry / passenger ships exist

185

Country Report(4) Maritime policy (government policy, e.g future planning)
Government policy : The Cameroon Merchant Shipping Code
Future planning : Unknowm(5) Seafarer/maritime education and training institutions
No regional maritime institution exists in Cameroon. However, there are a number of local
maritime training institutions.
Name of institution : GEPMARE, EIMA, BATEAU ECOLE
Number of graduates/year :Year of establishment :(6) Foreign countries supporting/assisting in the maritime field :Country
nameProject name

Description

Year(s)Size (amount $)of grants/loans

Annually

Unknown

JAPAN

Scholarships

Sponsors
Cameroonians at
WMU

KOREA

The Cameroon
Shipyard Project

Development of a new
port in Limbe, for theimportation of cement.

CHINA

Scholarship(two or threecandidates)

3 weeks annual
training on theimplementation ofinternational maritime
law in Africa.

CHINA

Port
Development

Sponsors Kribi port
development under Bill
operate transfer.

Unknown

Annually

Unknown

Unknown(7) Relationship with Japan in the maritime field
Economic cooperation in recent years :Technical cooperation, if any : Technical cooperation exist in maritime training and education.
Others are not known

3. Maritime organizations and WMU graduates distribution.

(1) Organizational Charts: (Appendix submitted) which organization is the genuine focal point
to IMO?
The Ministry of Transport is the genuine focal point to IMO.
(2) How many WMU graduates are positioned in each organization?
Presently 4 WMU graduates are positioned in the Department of Maritime Affairs and Inland
Waterways / Ministry of Transport.
(3) Selection process for WMU candidature. Is it managed by a particular department?
Selection process for WMU candidature is not managed by any particular department.
Candidates are either nominated by the Minister of Transport or any other official in the
Ministry.

186

Country Report

COTE D’IVOIRE
1. Country Overview
Land area : 322.462 km2Population : 22 millions
Main industries : - Agriculture- Agro-industrial- Manufacture- Hydrocarbon and mining- Textile- Services (shipping, land and air transport, communication,
insurance, banking, tourism, etc.)
Main trading partners : Germany (9,6 %), Nigeria (9,1 %), Holland (8,3 %), France (7,2 %),USA (6,9 %), Burkina Faso (4,4 %), China

2. Maritime Overview(1) Maritime industry

Côte d’Ivoire is located on the shipping route from Europe/America to Asia via the Cap on
Good Hope. As such, it represents a cross road for importation, exportation or transshipment ofgoods from America, Europe of Asia.
Several important multinational shipping companies’ trade between Ivorian ports, inparticular, port of Abidjan’s and ports from other continents. We have for example: CMA/CGM
Group, SAFMARINE, MESSINA LINES, MAERSK LINES, DELMAS, GRIMALDI LINES,
UNICARGO, BACOLINER, NILEDUTCH, NORDANA, BOLTEN, LDR, SCESO, ESL EUROAFRICA LINE, SMITH & KRAFT, MSC etc.
Many shipping companies (consignees, forwarding agents, ship yards, ship providers, etc.)
are operated in Ivorian ports.
(2) Main ports including planned ports.
Port of Abidjan
o Ship’s calling traffic (mainly container ships, general cargos, tankers, bulk carriers and RoRo) : 2,914
o Overall port traffic (oil, general cargos and fishing products): 21 713 810 tons (13 612 599 forexports traffic and 8 101 211 for import traffic)o Container traffic (full, empty and transshipped) : 633 917 EVPo Transshipment traffico Transit traffic, mainly from and to Burkina Faso, Mali and Niger: 1 613 132 tons.
We can see by these statistics that the Port of Abidjan and shipping activities in generalplay a great role in the overall economic activities of Côte d’Ivoire. In fact, the port of
Abidjan’s represents:
o 90% of customs incomes ;o 60% of public income (customs duties and taxes);
o 65% industrial units of the country

187

Country Reporto 50 000 employees;
o 70% of the Gross Domestic Product;o 70% of foreign exchanges of hinterland countries (Burkina, Mali, Chad, Niger, Guinea).
o Important tool of cooperation and integration in West Africa.
• New project of building a 2nd container terminal at the port of Abidjan.
Port of San Pedroo Ship’s calling traffic (mainly container ships, general cargos, tankers, bulk carriers and RoRo) : 518
o Overall port traffic (oil, general cargos and fishing products): 3 230 398 tons (13 612 599 forexports traffic and 8 101 211 for import traffic)o Container traffic (full, empty and transshipped) : 246 187 EVP(3) Fleets :There is no longer national shipping company. The fleets described below belong to foreign
shipping companies calling at the port of Abidjan.
Boats registered under national flag are only fishing and supply boats (35 boats).
(4) Maritime policy
National Plan of Development (including shipping programme) : Emphasizes on the
promotion of maritime security/safety, the creation of a shipping company and the development ofinland transportation.
(5) Seafarer/maritime education and training institutions
i. Around 2,000 seafarers
ii. MET institutions: Regional Academy of Sea Sciences and Techniques established in 1987
iii. Number of graduates/year:
Officers (deck and engine officers): around 80
Ratings (including fishing boats): around 30(6) Foreign countries supporting/assisting in the maritime field :i. China: widening and deepening the canal of Vridi of the port of Abidjan(7) Relationship with Japan in the maritime field
i. Economic cooperation: Japan is sponsoring and assisting my country on studies on urban
planning of Abidjan including a plan for the development of inland transportation.
ii. JICA training programiii. 1980s : sponsoring of the Regional Academy of Sea Sciences and Techniques established in
1987.

3. Maritime organizations and WMU graduates distribution.
(1) WMU graduates distribution
Organization
Ministry of Transport/General Directorate of Port andMaritime Affairs (DGAMP)DGAMP is the genuine focal point to IMO

188

WMU
Graduates

Positions3-Deputy General Director-Technical Advisor of The General
Director-Research Analyst (Sasakawa fellow)

Country Report

Organization

WMU
Graduates

Maritime Organization of West and Central Africa(MOWCA)

1

Technical Director

Regional Co-ordination of IMO (west and central
Africa’s francophone states)

1

Regional Co-coordinator

Navy

2

Retired

1

TOTAL

8

Positions3- Selection process for WMU candidatureǀŝƐŝŽŶŝŶ'D
DWƉƌŽƉŽƐĞĐĂŶĚŝĚĂƚƵƌĞƐĨĨŽƌtDhƚŽƚŚ 
ŽŽƉĞƌĂƚŝŽŶ;/ͿͲ ŽŶůǇĐĂŶĚĚŝĚĂƚĞƐĨƌŽŵ'DW

 
 


/ĂŶĚƚŚĞŝǀŝƐŝŽŶŝŶĐŚĂƌǇďƵŝůĚŝŶŐƉƌĞ
 ŐŽŽĚĞŶŐůŝƐŚƌĞƐƵůƚƐ͖
/ĂŶĚƚŚĞŝǀŝƐŝŽŶŝŶĐŚĂƌǇďƵŝůĚŝŶŐƐĐƌĞ ŝĚĂƚƵƌĞƐΖƐƉƌŽŽĨŝůĞƐƚĂŬŝŶŐĂĐ
DhĞŶƚƌĂŶĐĞƌĞ

ƐĞůĞĐƚĞĚĐĂŶĚŝĚĂƚĞƐ;ĂƚůĞĂƐ ĞŶƚĞĚƚŽƚŚĞ'   ĂƚŝŽŶ͖ĨŝůĞƐŽĨƐĞĐůĞĐƚƚĞĚĐĂŶĚŝĚĂƚĞtDh͘

4. Overall Presentation

The Republic of Côte d’Ivoire is located in West Africa on superficies of 322.462 sq. km. She

is boarded by Mali and Burkina Faso in the north, by Liberia and Guinea in the west, by Ghana
and the Atlantic Ocean in the south.
Côte d’Ivoire possesses a maritime space of 520 km long and an EZZ of about 203 700 sq. km
from east to west. Besides, there is inland waters area composed of lagoon, rivers and lakes. I am
going to insist on lagoons which are more exploited for inland waters transportation.
The overall population is about 22 million people.

5. Shipping and port traffic

Côte d’Ivoire is located on the shipping route from Europe/America to Asia via the Cap on

Good Hope. As such, it represents a cross road for importation, exportation or transshipment ofgoods from America, Europe of Asia.
Several important multinational shipping companies’ trade between Ivorian ports, inparticular, port of Abidjan’s and ports from other continents. We have for example: CMA/CGM
Group, SAFMARINE, MESSINA LINES, MAERSK LINES, DELMAS, GRIMALDI LINES,
189

Country Report

UNICARGO, BACOLINER, NILEDUTCH, NORDANA, BOLTEN, LDR, SCESO, ESL EUROAFRICA LINE, SMITH & KRAFT, MSC etc.
After the decrease of -3.4% observed in 2011because of the social and political crisis, theAbidjan’s port traffic increased to +30.5% in 2012. It is the sign of the renewal dynamism in theeconomic activities of Côte d’Ivoire in the aftermath of the crisis, confirmed by following statistics
of Abidjan’s port:- Ship’s calling traffic (mainly container ships, general cargos, tankers, bulk carriers and RoRo) : 2914
- Overall port traffic (oil, general cargos and fishing products): 21 713 810 tons (13 612 599 forexports traffic and 8 101 211 for import traffic)- Container traffic (full, empty and transshipped) : 633 917 EVP- Transshipment traffic- Transit traffic, mainly from and to Burkina Faso, Mali and Niger: 1 613 132 tons.
We can see by these statistics that the Port of Abidjan and shipping activities in generalplay a great role in the overall economic activities of Côte d’Ivoire. In fact, the port of Abidjan’s
represents:
・ 90% of customs incomes ;・ 60% of public income (customs duties and taxes);
・ 65% industrial units of the country
・ 50,000 employees;
・ 70% of the Gross Domestic Product;
・ 70% of foreign exchanges of hinterland countries (Burkina, Mali, Chad, Niger, Guinea).
・ Important tool of cooperation and integration in West Africa.

6. Inland Transportation

Côte d’Ivoire has an important inland water network long of about 300 km from the borderof Ghana to Liberia and on superficies of about 1200 sq. km.
This inland water, which is a lagoon, is used from very long time for transportation.
Today, inland transportation in Abidjan is shared between a modern company (SOTRA)
exploiting modern boats and traditional small enterprises using temporary means. The inlandtransportation network is constituted by 20 lines within the district of Abidjan’s, an interurbanline between Abidjan and Grand-Lahou and an international line between Côte d’Ivoire (Frambo)
and Ghana.
The transportation company (SOTRA) exploits a flotilla of 15 boats and three stations, while
the small traditional enterprises exploit a total flotilla of 56 boats and more than 15 stations. The
passenger traffic of inland transportation is about 10 million passengers.
Inland transportation plays an important role for economic development of Côte d’Ivoire
because it facilitates the movement of populations from living to administrative and industrial
areas. In addition, it provides to precarious and rural areas, not enough linked to road networks,means of transport to other areas. Because of its cheaper costs as compared to road transport (0.33$ instead of 1.11 $), inland transportation contributes deeply to the reduction of poverty in Côte
d’Ivoire.
190

Country Report

7. Safety and security issues

Two departments under the General Directorate of Port and Maritime Affairs are in chargeof safety and security issues:- The Direction of Navigation, Maritime safety and Coast Guard in charge of safety issues,
namely:o flag state and port state control;o SAR operations;o accident investigation;o safety of the navigation;o safety of inland navigation;o sea patrolling in the fight against armed robbery against ship and other security threats;o safety of off shore platforms.
- The Direction of Port Affairs, Security and Public Property in charge of the implementationof the International Ship and Port Security Code (ISPS Code).
o Flag state and port state control
The Port State control service realizes annually around 1000 inspection of foreign ships
and around 300 flag state controls regarding inland waters boats, fishing boats, pleasure, tug andpilot’s boats.
o Accident investigation and SAR operations
For the last 3 years, around 10 shipping accidents happen in the territorial waters, theport area and in inland waters. The most significant were the sinking on a bus into the lagoon at
Abidjan, ship fire and explosion in the Port of Abidjan, the sinking of a boat in inland waters andthe sinking of a ship at Port of San Pedro’s.
During all these accidents, the MRCC, generously equipped by IMO within the frameworkof the Convention of Florence, was very active in coordinating rescue operations in order to saving
the victims.
o Sea patrolling in the fight against armed robbery against ship and other security threats;
With one case of armed robbery against ships in 2011, the security inspections have recorded
in 2012 and 2013 several cases of armed robbery against ships either sailing on the territorial sea
or calling at the port of Abidjan’s.
It is the case of following ships:- The MADONNA I, registered in Panama, attacked on 23rd December 2012 in the port areaaround 11:30 pm;- The ITRI, registered in Panama, attacked on 16th January 2013 around 11:00 pm;- The GASCOGNE, registered in Luxemburg, attacked on 3rd February 2013 at 70 miles off
the Ivorian coast.
The piratical have prompted the maritime administration in cooperation with the navy tostrengthen see patrolling in the port area.

8. Institutional organization

The Maritime Administration in Côte d’Ivoire is represented by the General Directorateof Port and Maritime Affairs (DGAMP) under the Ministry of Transportation. The DGAMP is in
191Country Reportcharge of formulating and implementing the policy of the Government in the field of maritime
transportation, maritime safety and security. As such, the DGAMP deals with issues regarding:- Ships registration- Shipping companies administration and control- Maritime safety- Maritime security, in particular regarding the implementation of ISPS Code;- SAR administration and coordination- Participation in the fight against armed robbery against ships, INN fishing and sea pollution;- Participation in the safety and security of hydrocarbon off shore platforms.
In order to fulfill these missions, the DGAMP is organized in five Divisions with seven local
services on the littoral (see the following graphic):- Division of Maritime and Inland Transportations- Division of Navigation, Maritime safety and Coast Guard- Division of Port Affairs, Security and Public Property- Division of International Cooperation and Seafarers Administration- Division of Finance, Materiel and Equipment- Local services (07).

192

Country Report

ETHIOPIA
1. Country Overview
Land area : 1,100,000 km2
Population : 93,000,000
Main industries : 1. Coffee
2. Gold
3. Oil Seed
4. Chat
5. Live Animals
Main trading partners : For Export Cargo : A. Switzerland
B. Germany
C. China
D. Netherland
E. Italy
For Import Cargo : Ⅰ . China
Ⅱ . Saudi Arabia
Ⅲ . Italy
Ⅳ . India
Ⅴ . Kuwat

2. Maritime Overview(1) Maritime industry
No Information(2) Main ports including planned ports.
Djibouti Port
(3) Fleets :a. Admasb. Andinetc. Netsanet
d. Tekezee. Shebele &f. Gibe(4) Maritime policy
No Information(5) Seafarer/maritime education and training institutions
A. 20 students were graduated in 2010.
B. 23 students were graduated in 2011.
Ethiopian Maritime Training Institute was established on July, 2010.
(6) Foreign countries supporting/assisting in the maritime field :Israel(7) Relationship with Japan in the maritime field
No Information

193

Country Report

3. Maritime organizations and WMU graduates distribution.

(1) Organizational charts: (Appendix submitted) which organization is the genuine focal point
to IMO?
Ministry of Transport (As per the attached Organization Chart)(2) How many WMU graduates are positioned in each organization?
No Information(3) Selection process for WMU candidature. Is it managed by a particular department?
No Information

4. Author of this summary report

Feseha Andualem (Ethiopia, Class of 2014)

Organization Chart
Ethiopian Shipping &Logistics Service Enterprise
Maritime Affairs Authority

Rail Corporation

Road Corporation

Road Transport Authority

Ministry of Transport
Road Authority

Civil Aviation Authority

Road Fund Authority

Ethiopian Airlines

Insurance Fund Authority

194Country ReportGHANA
1. Country Overview
Land area : 238,535 km2
Population : 24,658,823
Main industries : Mining
Light manufacturing
Agriculture (Cocoa, Shea butter and other food processing.)
Aluminum Smelting
Main trading partners : China, Japan (Cocoa), Nigeria, USA, United Kingdom, India

2. Maritime Overview(1) Maritime industry- No ocean going shipping- Inland water transportation, mostly in the form of small indigenous crafts used for thetransportation of people and foodstuff to and from villages along the Volta Lake. The Volta
Lake Authority as less than 10 barges which is used for transporting goods such as petroleum
products, cotton and foodstuff to and from the northern part of the country. It also serves sometrade of landlocked countries such as Burkina Faso.
- One dry dock mostly for repair and maintenance of ships but has the capacity for ship
construction.
(2) Main ports including planned ports.
Tema and Takoradi Ports, both owned by the Ghana Ports and Harbours Authority. Bothports are multipurpose ports but Tema has a dedicated container berth / terminal.
(3) Fleets :Not applicable(4) Maritime policy- Port expansion- Capacity building to manage armed robbery and piracy against ships in the territorial waters
and beyond- Expansion of maritime training facilities to train seafarers etc for the international shipping
industry.
- Support shipping surveying.
(5) Seafarer/maritime education and training institutions
Regional Maritime University, Ghana- Turns out averagely 300 graduates including cadets in marine engineering and nautical science.
- Upgrades cadets through class three to ship captains and chief engineer status.
(6) Foreign countries supporting/assisting in the maritime field(7) Relationship with Japan in the maritime field
Japan supports the training of maritime personnel, mostly through the Nippon and
195

Country Report

Sasakawa Foundation.

3. Maritime organizations and WMU graduates distribution.

(1) Organizational Charts: (Appendix submitted) which organization is the genuine focal point
to IMO?
The Maritime Authority of the Ministry of Transport, Ghana.
(2) How many WMU graduates are positioned in each organization?
WMU graduates numbers vary from organisation to organisation, averagely ranges from one
to fifteen. GHPA has the majority of graduates.
(3) Selection process for WMU candidature. Is it managed by a particular department?
No particular department is involved. Potential students are nominated by their organisations
to be selected by the Selection Board of the WMU.
§
Ghana is a sub Saharan country located on the coast of West Africa within the Gulf ofGuinea. The country comprises a population of 24,652,402 million people and covers a total areaof 238,533 square kilometers, with a 539 km coastline.
Transportation of cargo and passengers through Ghana is mainly by road, air or sea sincerail facilities are not so developed. The ports of Ghana currently handle over 17 million tons ofcargo.
Ports and Shipping
Ghanaian ports are managed by the Ghana ports and Harbours authority which is
the organization mandated to build and operate all ports in Ghana. Currently, there are twocommercial ports: the port of Tema and Takoradi.
The port of Tema is the larger of the two ports. It was built in 1962 and handles 75% of
the nation’s seaborne traffic. The port is a multipurpose port with dedicated container handlingfacilities. Various forms of cargo, including containers, break bulk, dry and liquid bulk andconventional cargo are handled by the port. Container traffic increased from 306,863 TEU’S
in 2003 to 840,183 in 2012. The port of Tema is being positioned to serve as the major logistics
and container hub of the sub region. Consequently, it is being expanded to meet national traffic
growth, transshipment and transit trade demands. The expansion plans comprise:・ Dredging of basin and access channel to 16m draft
・ New Container Terminals
・ New Food & Fruit Terminals
・ New RoRo Terminal
・ New Tran-shipment Terminals
・ New Transit Terminal
・ New Break bulk
・ Dry and Liquid Bulk Terminals
・ Additional access routes.
196

Country Report

The cost of the project is 1.5 billion US dollars and financing will be done throughGovernment Funding, Commercial Loans and Public Private Partnerships.
Takoradi which is the older port was opened in 1928. In 2012 the port handled 31% of
Ghana’s seaborne traffic, 66% of national exports and 19% of national imports. The port ismultipurpose, but specializes in bulk traffic to and from Ghana. Takoradi port is currently
undergoing expansion to position it as the oil services hub of the sub region. This includes a
1.15 km breakwater extension, dredging to 16 meters reclamation and paving, bulk handlingterminals, construction and expansion of access roads. The total cost of the project is $450,000,000
US dollars.
The ports, though state owned, are autonomous and run commercially with private sector
participation. Though the port authority participates in stevedoring and shore handling, there
are in addition 10 private stevedoring companies, two private shore handlers, five private inland
clearance depots, three private waste reception companies, a private bunkering company andvarious private ship chandeliers and warehouse operators. Safety and security are facilitated by
the port authority in collaboration with related national security agencies.
There are direct or transshipment shipping services from all continents of the world to andfrom the Ghanaian ports. In 2012 61 shipping lines and agencies accounted for the 11,468,962
tons of cargo which passed through the port of Tema.
TRAFFIC HANDLED BY THE PORTS OF TEMA AND TAKORADI IN 2012
DESCRIPTION
Cargo Traffic (TONNES)
Vessel Traffic (UNITS)

TEMA PORTTAKORADI PORT

TOTAL

11,468,962

5,310,697

16,779,659

1,521

1,664

3,185

Import(TONNES)9,383,462

2,353,068

11,736,530

Export(TONNES)1,477,390

2,957,621

4,435,011

Container Traffic (TEU’s)

824,238

60,746884,984

Transit In (TONNES)

517,037

5,958

522,995

Transit Out

13,420013,420(TONNES)CARGO TRAFFIC BY COMMODITY PORTS OF TEMA AND TAKORADIDESCRIPTIONTEMATAKORADI

TOTAL

804,912417,658

1,222,570

DRY BULK

2,385,823

4,151,818

6,537,641

CONVENTIONAL

1,976,368

288,261

2,264,629

CONTAINERISED

6,140,535

60,7466,201,281

FROZEN CARGO

161,324

18,808180,132

11,468,962

4,937,291

16,406,253

LIQUID BULKTOTALMARITIME SAFETY
There are two Harbour Masters to coordinate the marine affairs of both Ghanaian ports.
The marine departments are responsible for running the fleet of marine crafts and navigational
aids. The signal stations are equipped with GMDSS, AIS and ARPA systems for monitoring and197

Country Reportsurveillance of vessels within port limits there are seven (7) lighthouses. Both ports are ISPS
compliant and operating at Marsec level 1. There are daily sea side patrols by port security incollaboration with naval and maritime police personnel.
ORGANIZATION AND HUMAN RESOURCES
The Ministry of Transport is responsible for all the related land, sea and air transport
sectors. The following agencies operate under the Maritime Sub Sector.
Ghana Ports & Harbour Authority is mandated by law to plan, build, operate and manage
all ports in Ghana. Its functions include licensing and regulating private service providers suchas stevedores and container terminal operators, establishing pilotage districts, maintain theport facilities and extend and enlarge any such facilities as it shall deem fit, regulate the use ofany port and of the port facilities; maintain and deepen as necessary the approaches to, and thenavigable waters within and outside the limits of any port, and also maintain lighthouses andbeacons and other navigational service and aids as appear to it to be necessary; and all activities
necessary for the discharge of its functions. The authority employs a total of 2660 personnel 1538
in the port of Tema, 997 in port of Takoradi and 125 persons in the Ghana Ports and Harbours
Authority (headquarters).
Volta Lake Transport Company Limited was set up to operate as public carrier of all formsof water borne transport, including hovercraft, for persons and/ or freight on the Volta Lake.
Regional Maritime University (RMU)
The RMU is an international tertiary institution which attained full university status
on 25th October, 2007. The RMU which is jointly owned by five (5) member States namely;
the Republics of Cameroon, the Gambia, Ghana, Liberia and Sierra Leone, is a product of theRegional Maritime Academy (RMA) which was established in May, 1983 to provide relevant
maritime education and training to enhance the contribution of Maritime Transport to the socioeconomic development of both the RMU Member Stated and the West and Central African Subregion as a whole. Another objective is to further improve regional cooperation and integrationof the sub-region. On 1st October, 1982, the Government of Ghana promulgated the Regional
Maritime Law 1982 which allowed the transfer and handing over of the then Ghana Nautical
College to the now Maritime Organization of West and Central Africa (MOWCA) which negotiatedfor the regionalization. The college was then re-named The RMA. The university offers thefollowing courses:• BSc. Nautical Science• BSc. Marine Engineering• BSC. Marine Electrical and Electronics Engineering• BSc. Computer Engineering• BSc. Port and Shipping Administration• BSc. Logistics Management (in collaboration with Shanghai Maritime University, China)• Deck Officers Certificate of Competences• Engine Officers Certificate of Competences• Electrical Officers Certificate of Competence
198

Country Report• All Ship based personnel courses.
Ghana Maritime Authority (GMA)
The GMA was established under the Ghana Shipping Act, 2003, (ACT 645), hitherto it was a
Department in the Ministry of Transport. Its core responsibility is the implementation of the Act
that established it in addition to but not limited to the following;• Ensure safety of navigation• Lead agency for Search and Rescue• Pursue the ratification or accession and implementation of international maritime convention• Advise the Government on maritime matters.
For effective fulfillment of its mandate the GMA has established the under listed divisionnamely;• General Maritime Services – seafares’ registration, training, examination and certification• Technical Services Division – surveys and inspection, environmental and safety standards,
security, search and rescue, and hydrography and navigation• Inland Waterways Division• Administrative Division• Planning, Monitoring and Evaluation Division• Office of the Registrar of Ships
Number of Seafarers
Officers – 2,764
Rating – 4,500
Greater numbers of the Seafarers ply their trade on foreign ships.
Current Ghanaian Fleet (GRT)
General Cargo – 6,714
Tanker – 5,842
Others – 619, 440
Total number of Registered Vessels – 430
Tema Shipyard & Drydock – responsible for ship repair and dry docking services
Ghana Shippers Authority
The then Ghana Shippers Council was established in 1974, was changed to Ghana Shippers
Authority by virtue of the revised law, Act 562 (1998).
The Authority has over the years collaborated with private and public organizations in themaritime industry to pursue its primary objective of protecting and promoting the interests of
Ghanaian shippers in relation to port, ship and inland transport problems in order to ensure safe,
reliable and cost effective cargo handling.

199

Country Report

KENYA
1. Country Overview
Land area : 580,367 km2
Population : 44,037,656 (July 2013 est.)
Main industries : Cement Industries
Tea and Coffee industries
Soft drink Industries (e.g Delmonde)
Horticultural crops
Soda Ash Industry
Main trading partners : Tea : Egypt, Pakistan, U.K, Afghanistan and Sudan
Coffee : Western Europe, North America, Africa and Middle East
Soft drinks : Western Europe, Middle east and East African region
Cement : East Africa region and Middle East
Horticultural crops : Western Europe
Soda Ash : Pakistan

2. Maritime Overview

1) Kenya has a coastline that stretches 480 Km along the Indian Ocean from Somali in the northto Tanzania in the south. This coastline is endowed with one major port in the region, the Portof Mombasa, and other ten small ports. The potential of these small ports are limited because
most of the development activities are concentrated along the LAPPSET Corridor which isserved by the Port of Lamu and Mombasa-Nairobi corridor which is well served by the Port ofMombasa.
Figure 1 Map with port locations
EAST AFRICA EAST COAST

200

Country Report• GDP (official exchange rate) : $41.12 billion (2012 est.)• Seafarers• Naval architecture-None• Dockyards- Sothern Engineering Co.Ltd and AMGECO both privately owned but dealing
with small Vessels both have enhanced Mombasa as a port, and emphasized its importanceas a vital ship repair centre• GDP ratio against all industries -Ksh1:530 billion• Source : CIA World Factbook
Kenya Shipping and Water Transport:• BMI has a positive outlook for Kenya's ports and shipping sector based on three main
factors:
 reasonable economic growth in Kenya itself;
 a dynamic East African region (this is important because Mombasa acts as a trade
gateway for many of Kenya's neighbouring countries); Political will to support initiatives meant to improve service delivery• It is predicted that GDP growth of 5.2% 2013/2014. Our forecast has been strengthened by
growth in construction and agriculture with only the tourism sector showing weakness.
• With a post-elections confidence boost still making itself felt, we believe that household
consumption and both public and private investment will drive the economy forward overthe next few quarters. Consumption is looking resilient, even though the new 16% VAT tax
imposed on basic goods.
• President's focus on infrastructure should also boost public sector investment.
• The country's exports to its dynamic neighbours and fellow-members of the East African
Community(EAC) are set to grow strongly, demand for consumer and capital goods willprobably keep import growth higher and Shipping Sector is expected to benefit immensely.
(2) Main ports (cargo handling capacity, characteristics) including planned ports)i) Mombasa Port which handled a throughput of 21,920 million tones, 2012 with growth rate of
7.0% per year
• Other KPA ports include Kiunga, Ngomeni, Malindi, Kilifi, Takaungu and Mtwapa, are in
north coast whilst Shimoni, Funzi and Vanga are found in the South coast. Apart Port of
Shimoni, the Customs Department of KRA is charged with the responsibility of collecting
KPA’s dues and cargo brought to these small ports are by dhows from within the Country.
Table No 2 Throughput (000)DWT)-2001-2012
Cargo
Type

2001

2002

2003

2012

Avg.
Growth

IMP.

8,299

7,844

9,257 10,017 10,700 11,845 13,061 13,311 16,508 16,201 16,938 18,732

8.0%

EXP.

1,999

2,380

2,068

2,494

2,278

2,255

2,474

2,685

2,449

2,575

2,788

3,045

4.5%

T/Ship

303

340

605

409

303

318

426

419

105

158

227

143

-6.6%

GRAND
10,601 10,564 11,931 12,920 13,281 14,419 15,962 16,415 19,062 18,934 19,953 21,920
TOTAL

7.0%

2004

2005

2006

2007

2008

2009

2010

2011

v The construction of Berth 20,21,& 22 by Japanese under the consultancy of JICA.
201

Country Report

The table also shows the projected volume of containers for the 3 berths build on 100 hectares
at the western side of the existing Kipevu Oil Terminal (“KOT”) to create an additional capacity of
1.2 million TEUs.

Table No 3: Projected capacity based on Port Development Plans
Project
Current

2012

2013

2015

2016

2020

2025

2030

TOTAL

850

Berth 19200

200

2nd container

450

Phase 1450400Phase 2

400

-

TOTAL

850

1,050

1,050

1,500

1,900

350

-

350

2,250

2,250

2,250

v Proposed development of free port facilities on 3,000 acres of land owned by the Authority at
Dongo Kundu area in Kwale County through public private partnership arrangementv Lamu Port South Sudan and Ethiopia Transport Corridor (LAPSSET)(3) Fleets : Kenya Government does not own any fleet.
(4) Maritime policy
The Policy and development framework for the Port of Mombasa is anchored on the Vision
2030 and the National transport sector policy, Port Master Plan, Port Strategic Plan, Business
Plan and other Government Documents that have set the policy frame work for reform of thetransport sector• The Government of Kenya has put in place systems and mechanism to boost the industry andmaximize its potential to become a Maritime Nation in the region through enactment of relevantinternational treaties into the domestic legal frame work
• This has been possible by establishing Organizations that have effectively championed the
Maritime Industry development of the nation to its current status. This includes;• Kenya Ports Authority• Kenya Maritime Authority(5) Seafarer/maritime education and training institutions(Name, number of graduates /year, year of establishment)
No

Item of Discussion

1

Seafarers

2

maritime educationand training
institutions

202

Figures

Remarks

6,000

Kenyan seafarers suffered a major setback when it was notwhite listed. The process saw many experienced seafarers loosing
employment. GOK managed to develop a legal frame work that would
allow fully implementation of STCW 95 under KMA and attained
White List status in 2010. This number is per registration but active
figure is yet to be established.

1

Bandari College . The college was established in 1980 to offer internal
and refresher courses on safe handling of cargo and management
courses.

Country Report(6) Foreign countries supporting/assisting in the maritime field(eg.: country name, project name, description, year(s), size (amount $) of grants/loans)
No

Country
nameProject name

Description

Year(s)Size (amount $) ofgrants / loans

1

Japan

Construction of
additional Terminal

Berths 20.21.22
Mombasa

20th Nov,2007

26.7Billion Japan Yen( STEP LOAN)

2

EuropePort Improvement
Programme

Mombasa Port

29th Nov, 2013
(46months)

Grant

3

UnitedArab Emirates

Technical Assistance forPort performance
improvement

Mombasa Port

2012/2014

Grant

4

World Bank

Integrated Security
SystemMombasa port

2012/2013

USD 4,885,200

5Ref.Attactment(7) Relationship with Japan in the maritime field• Japan has been offering Maritime support through JICA Agency in terms of Human Resource
Development and technical services.
• The construction of Berth 20,21,& 22 by Japanese under the consultancy of JICA is on-going.
(8) Maritime organizations and WMU graduates distribution
No

Maritime Organization

WMU graduates

1

Kenya Ports Authority

21 (15 either have retired, passed away or resigned from Authority)

2

Kenya Maritime Authority

5

3

Kenya Ferry Services

14

Ministry of Transport

5 (estimate)

5

Marine Police

Nil

GOK MINISTRY ORGSTRUCTURE
1) Organizational charts : (Appendix submitted) which organization is the genuine focal point to IMO


   

'DK

'D,
ZΘ






'D^

'DK



,
;ǁŵƵϮϬϬϬͿWKK

WKK;ϮͿǁŵƵϭϵϵϵΘϮϬϬϭ


  

'D&

'D/

'D^

,D
;ǁŵƵϭϵϵϴͿ
dŽǇĂ ^͘D;ǁŵƵϮϬϬϮͿWD^͘<<ŝƉƚŽŽ
;ǁŵƵϮϬϬϯͿ^KK;

203

Country Report3) Selection process for WMU candidature
It is managed by Personnel department-Overseas Training unit verified/approved by
Training Committee.

The Author of this summary report done
by Mr Samwel Kiptoo

204

Country Report

LIBERIA
1. Country Overview
Land area : 111,369 km2
Population : 4.19 million people according to the 2012 statistics
Main industries : Agriculture, Mining, Maritime, Oil industry and Manufacturing
Main trading partners : European Union, Malaysia, China, United States, and South Korea
Liberia is found in West Africa, between Cote d’Ivoire, Sierra Leone, and Guinea. It isa fertile country with unlimited mineral resources, water, forests and a favorable climate for
agriculture. Being a country rich in waters, Liberia heavily relies on maritime resources as arevenue income. The Maritime resources being the biggest source of income in this country,
Liberia has with time developed its infrastructure to help conform to the rising demand fortransportation of goods.

2. Maritime Overview

Liberia has the second largest maritime registry in the whole world after Panama. The

registry contributes greatly to the national GDP. The total amount of taxes and fees that theregistry generates is $18 million annually. This amounts to approximately 25% of the country’s
total revenues (Schoen, nbcnews.com).
The Liberian maritime registry has over 3900 ships of at least 130 million gross tons. This
figure represents approximately 11% of the global fleets in the ocean. It is famous for quality
service, effectiveness as well as safety.
Similarly, it is known for being at the top of all industry lists counting the International
Maritime Organization and the main port state control bodies like the United States Coast Guard,
as well as Tokyo and Paris MOU regimes. Additionally, according to the United States maritime
administration, its flagged ships ferry more than 33% of oil imported in the US (Christian).
The registry is managed by the Liberian ship and corporate registry, which is a wholly UnitedStates owned as well as operated firm that offers the daily management of the nation’s ship as
well as corporate registry. The Liberian registry is recognized worldwide for its commitment
and professionalism in secure shipping and its efficient management of one of the most suitable,
proficient, as well as tax convenient registries in the world. Its personnel are committed toproviding a quality service when it comes to managing the registry. The registry is headquarteredin Virginia and has many offices around the globe.
Its fleet comprises practically every kind of ship, with huge concentrations of chemical, oil
as well as gas tankers, trailed closely by both containerships and dry bulk carriers. It is clear thatthe registry has experience with distinct purpose vessels as well as huge passenger ships. The
owners of such fleets come from more than 55 nations, with Greece, Germany, Taiwan, Russia,
United States and United Kingdom featuring prominently. A new office which was recently
opened in Hamburg affirms to Germany’s maritime significance. It is approximated that 60% of
205Country Report

all global ship finance comes from the German market. As at now, the Liberian registry has morethan 55 clients, 420 ships as well as 11 million gross tons that are managed from Germany alone(Christian).

3. Registration Fees and Charges

The success of the Liberian registry can also be attributed to its 2 day registration process

which is free of bureaucracy. Where a vessel is to be registered when transferred from overseas,or new-building, the registration fees as well as the tonnage taxes in the first year and the annual
fees are paid before registration. Tonnage taxes per year become due in full on 1st January ofa certain year. When the ownership of a ship is meant to be transferred shortly following the
beginning of a calendar year, the purchaser and the seller ought to take specific care to offer
payment of the relevant taxes. On 1st July, 2000, the registry lowered its tonnage taxes andfees and now offers two pricing alternatives. For ships weighing at least 14,000 net tons, thetonnage taxes are $0.1/net ton as well as a flat yearly fee of $3800/vessel. Separate fees for MIIPS
contributions and inspections exist to cover the International Maritime Organization, as well as
marine investigations. However, for ships that weigh less than 14000 net tons, the tonnage taxes
are $0.4/net ton as well as $1750 inspection charges and MIIPS charges (Jeffrey).

4. Liberian Maritime Services(1) Vessel registration department

The registry is normally open to all ship owners, and it registers all vessels as long as
they meet its standards. The registration formalities are designed to be user friendly, meetinternational standards when it comes to safety as well as to safeguard the interest buyers/
owners. All vessels are required to be less than 20 years old and must meet the standards of theregistry.
(2) Maritime security
Commercial ships, as well as their crew, are not only targeted by piracy, hostage taking androbbery, but also targeted by terrorist attacks. The registry of Liberia believes that complying
with the code of International Ship and Port Security (ISPS), drastically lowers the attacks andcrimes against ships and their crews. That is why it works with its clients to establish vessel
security procedures such as development of ISPS compliance codes, implementation of quality
management practices and setting as well as communicating security threats to Liberian vessels.
(3) Maritime safety
The registry of Liberia is recognized as an industry leader when it comes to safety andquality. Having more than 3,900 vessels globally, the average age of the fleet is one of the youngest
in the world; an average of 12 years. The young fleet age is a major contributing factor to safety
standards of the Liberian registry. The marine safety is mainly charged with the responsibilities
such as approving ship plans, verifying security implementation plans and safety management
systems, responding to issues about the ISM code as well as ensuring that there is minimum
manning needed, and so on(LMA).
(4) Vessel Inspection and Audit Coordination
The registry has provided training to its own auditors to perform company as well as
206Country Reportcertification and verification as necessitated by the ISPS and ISM code. The auditors carryout numerous ISPS code approval as well as certification of tasks for the fleet, giving owners/
operators professionalism in service provision. By coordinating the overlapping necessities of
the international codes, the registry offers vessel owners efficient, convenient as well as costeffective services. Following the registry’s success in ISPS approval, certification and verification,
as well as harmonized audit packages, a quality audit department was created to maintain andadminister the operation.

4. Main ports

The National Port Authority (NPA) of Liberia manages four ports, namely, the Freeport ofMonrovia, the Port of Buchanan, the Port of Harper and the Port of Greenville.
1. The Freeport of Monrovia is a small harbor, over 500 feet long, maximum vessel size over 150
m long. It is the largest in the Authority's Network. The United States Military built the port
during World War II for strategic purposes. It handles most of the country's imported cargoes.
Two breakwaters, 2,359m and 2,200m long, protect the harbour, enclosing a basin of 300
hectares of protected water. The general cargo berth, (the main pier), consists of an opened
piled, 610m long by 11m wide marginal wharf with a reinforced concrete deck.
The main wharf serves 2nd and 3rd generation coastal and mainline vessel.An act ofLegislature established the National Port Authority in 1967 (amended in 1970) as a stateowned enterprise to manage, plan and develop all ports in Liberia.
2. The Port of Buchanan is a small harbor, maximum vessel size over 150 m long, anchorage
depth of 21m. It is located 170miles South-east of Monrovia. The Liberia-American Swedish
Company (LAMCO), a joint venture company, constructed the port in 1960 for the export ofiron ore deposits of the Nimba Range. Two break waters, 1,890m and 590m long to protect the
harbour. Inside the basin, a 225m long ore-loading quay is located to the deeper section of theharbour basin with a water depth of 12.95m below chart datum. Adjacent to the loading quay,
a waiting berth for ore carrier is available. On the inner side of the secondary breakwater, acommercial quay 334m long is located with an available water depth of 10.15m below chart
datum. The access channel to the port provides ship a water depth of 14.95m below chart
datum and a channel width between the breakwaters of 210m.
3. The Port of Cape Palmas/Harper is a small harbor, vessel size small up to 150 m, anchorage
depth 11m. It is situated in the South-eastern region of Liberia, Maryland County, near theborder with the Ivory Coast, about 476 miles from the Freeport of Monrovia. The Port wasconstructed in 1959, on the rocky Russwurn Island, by connecting the island to the mainlandwith a causeway and by constructing a 150m long breakwater off the Russwurn Island. A
100m long reinforced concrete pier with an available water depth of 5.50m provides berthingfacilities. The port serves the timber industry of the South-eastern hinterland.
4. The Port of Greenville is a very small, medium vessel size up to 150 m long, anchorage depth
14 m. It is also located in the South-eastern region of the country, Sinoe County, about 421
miles from the Freeport of Monrovia. A 400m long breakwater protects the harbour. There are
two quays (70m and 180m long respectively) on the inner side of the breakwater for berthingfacilities, with an existing water depth of 6m below chart datum. The port was rehabilatated207

Country Reportin the early eighties with loan from the German Development Fund. The port functions mainly
as an outlet for the timber industry. Approximately 3900 ships are registered by the registry to
ferry cargo, oil, and people.

5. Maritime policy

All ports are registered under the National Port Authority of the Liberian government. The

registry is located in the United States and its mandate is to manage all ships that possess the
Liberian flagship.
Owners of vessels below 500 tons should register them under the Liberian Maritime
Authority. Such vessels include speedboats and canoes, among others. The Liberian Maritime
Authority has the mandate of inspecting all registered vessels. The maritime laws state thatany vessel that operates within the Liberian maritime territory without permission should pay acertain amount of money as penalty.

6. Seafarer/maritime education and training institutions

The Liberia Maritime Authority provides scholarship programs. The program has benefited

over 300 students from the World Maritime University (WMU), the Liberia Maritime Training
Institute (LMTI), the University of Liberia, Cuttington University College, and maritime
institutions in the United States (California Maritime Academy, Maine Maritime Academy and
Massachusetts Maritime Academy).

7. Foreign countries supporting/assisting in the maritime field

The United States is the key contributor to the success of the Liberian Maritime. The US

owns the Liberian International Ship & Corporate Registry. Its headquarters are in Virginia,
USA (Sharife). The company has served Liberia ever since the inception of the registry. It spends
over $10 million annually to run its businesses in designated countries across the world.

8. Relationship with Japan in maritime field

There are strong economic and technical relationships between Japan and Liberia. The

economic relationship steers from Japan’s experience in maritime affairs such as fishing. Liberia
therefore is a beneficiary of Japan in fishing eloquence. Technically, Japan works together with
Liberia on the best ways of ship and port maintenance.

9. Maritime organizations and World Maritime University (WMU) graduate
distribution

The organization that is the genuine focal point to International Maritime Organization(IMO) is the Liberia Maritime Authority. The World Maritime University churns out at least two
doctoral students per year.

208

Country Report

Organizational Structure of Liberia Maritime Authority (LMA)





 




   
 



 


 




 

   

The Commissioner is the head of Liberian maritime authority. It is organized into afunctional basis that is in line with its current growth strategy. The Bureau of Maritime Affairs
was changed into the Liberian maritime authority in 2010, therefore, strengthening the country’s
resolution to further commercialize its maritime resources.
(1) Corporate Strategy and Industry Development
Responsible for enhancing the effectiveness by setting up suitable strategies as well as
creating attractive business programs intended to foster growth.
(2) Finance
Responsible for planning, direction, organization as well as management of workers involved
in implementing, developing as well as maintaining policies for the budget control, payroll, fixed
assets, etc.
(3) General Counsel
This department conducts legal analyses on many issues under the guidance of thecommissioner such as research relevant precedents, identifying legal issues and proposing
209Country Reportsuitable solutions.
(4) Administration
Its main role is the overall management of all the services provided by the maritime. The
administrative roles include archives, transportation, records and documentation as well as
facilities management sections, etc.
(5) Maritime Safety and Environmental Protection
The maritime authority ensures that the environment is not damaged as per the Safety ofLife Sea (SOLA). It ensures that there is adherence to regulations as well as policies concerning
environmental protection (Jackson).

10. Selection process for WMU candidature

Application is open for any person who is willing to undertake studies in maritime courses.

The application should not be through the International Maritime Organization because it does
not deal with admissions. The applications are then reviewed by the WMU admissions Board(World Maritime University). The selection is based on merit criteria and the ability of thestudents to submit the fee requirements on time.
In Liberia, the Liberia Maritime Authority nominates a candidate for enrollment at WMU.
After a candidate is academically cleared and selected by WMU, then the funding aspect follows.
This report was prepared by Amos L. Zanwonjah, World Maritime University (WMU)
Sasakawa Fellow of Liberia (Port Management Class of 2000) and former Assistant Commissioner
for Training and International Affairs, Vienna, Virginia, USA. Presently, Mr. Zanwonjah ismanaging an Environmental Organization in the United States.

Works Cited
Sharife, Khadija. Flying a Questionable Flag: Liberia's Lucrative Shipping Industry. Accessed November
14, 2013 at http://muse.jhu.edu/journals/world_policy_journal/summary/v027/27.4.sharife.html
Schoen, John. Liberian Shipping Draws Scrutiny. Accessed November 14, 2013 at http://www.nbcnews.
com/id/3072983/#.UoQq8H9Y79k
World Maritime University. Apply. Accessed November 14, 2013 at http://wmu.se/apply-wmu
Christian, Davidson. Liberia at the Top of the Registry. 2011, Web. Retrieved on 16th September,2013. Retrieved at http://www.itfseafarers.org/liberia.cfm,
Jackson, Brauger. Liberian Registry: Maritime Services. 2012, Web. Retrieved on 16th, September 2013.
Retrieved at http://www.liscr.com/liscr/maritime/tabid/60/default.aspx#mlc
Jeffrey, Blackman. Liberia: Offshore Business Sectors. 2013, Web. Retrieved on 16th September, 2013.
Retrieved at http://www.lowtax.net/lowtax/html/liberia/jlaobs.html
Liberian Maritime Authority Website (LMA). 2013, Web. Retrieved on 16th September, 2013. Retrieved at
http://maritimeliberia.com/?services/certification/flag.html
Accessed Novemberr 14, 2013, at http://npa.gov.lr/main.html
National Port Authority: Accessed November 14, 2013, at http://npa.gov.lr/main.html

210Country Report

MADAGASCAR
1. Country Overview
Land area : 587,041 km2 (5,000 Km (Coastline), 253 (Islands))
Population : 22,585,517 (Median age: 18.2 years, July 2011 estimation)
Main industries : 1) Agriculture and fisheries
2) Services
3) Transports (Land, air, Maritime)4) Factories
5) Mining
Main trading partners : France (26.3%), USA (9.2%), China (8.5%), Netherlands (6.4%),
Germany (5.6%), Canada (4.4%) and Spain (4.3%)

2. Maritime Overview

a. Maritime industry (Shipping and water transportation, ports and harbours, seafarers, andnaval architecture/dockyards) GDP total, GDP ratio against all industries, characteristics)- Shipping and water transportation: Mainly with traditional and second handed vessels
for the domestic shipping and water transportation, very few vessels operating on
international voyage, transports of goods for import and export mainly ensured by foreign
vessels belonging to international shipping companies such as MAERSK, CMA-CGM, etc.
- Ports and harbours: 17 ports (11 Domestic ports and 06 international ports)- Seafarers: 4107 (Around 50% work in international seafaring)- Naval architecture/dockyards: 01 shipping yard (Located in Antsiranana), 01 dockyard(Located in Port of Toamasina)b. Main ports (name, cargo handling capacity, characteristics) including planned ports

PORT INFRASTRUCTURE
BERTH LENGTH (m)DRAFT (m)MOORING PLATFORM
YARD (m²)

INTERNATIONAL SHIPPINGDOMESTIC
SHIPPING

FISHING
DOCK

BERTH

WATER
SIDE

301

62

51

8.50

14

6 602

REEFER(m²)

WAREHOUSE(m²)

NUMBER

DRAFT
(m)

2 830

6 274

04

8 à 14

PORT SERVICESNAME OFCOMPANYSERVICESPOSTAL ADDRESS

PHONE

FAX

MAIL

+ 261 20 22 243 87

261 20 22 215 82

Smoi.mar@wanadoo.mg+ 261 20 82 226 06

261 20 82 293 89

261 20 82 233 33

261 20 82 226 06

Comadie@dts.mg

261 20 82 233 33

261 20 82 233 33

sgtpsm@wanadoo.mg

P.O. Box 3160
PILOTAGE

SMOI
101 Antananarivo

PORT OF ANTSIRANANA
P.O. Box 5
CMDMD
201 Antsiranana
P.O. Box 205

CARGO HANDLINGCOMADIE

201 Antsiranana
SG TPSM

101 Antsiranana

CARGO HANDLING CAPACITY
CMDMD

COMADIE

24 Tons/Hour/Team

31 Tons/Hour/Team

9 Containers/Hour/ Team

8 Containers/Hour/Team211

Country Report
PORT INFRASTRUCTURE
BERTH LENGTH (m)DRAFT (m)MOORING PLATFORM
REEFER(m²)

YARD (m²)
INTERNATIONAL
SHIPPINGDOMESTIC
SHIPPING

BERTH

WATERSIDE

-

819

4.50

12

WAREHOUSE (m²)

16 935NUMBERDRAFT (m)11

3 à 1220 060PORT SERVICESNAME OFCOMPANYSERVICESPOSTAL ADDRESS

PHONE

FAX

MAIL

+ 261 20 22 243 87+ 261 20 22 215 82

Smoi.mar@wanadoo.mg+ 261 20 62 242 78+ 261 20 62 242 79

comama@malagasy.com+ 261 20 62 228 76+ 261 20 62 293 20

P.O. Box 3160
PILOTAGE

SMOI

PORT OFMAHAJANGA

101 Antananarivo
13, Jules Ferry Street
COMAMA
401 Mahajanga
CARGO HANDLING
P.O. Box 1244
SEMS
401 Mahajanga
CARGO HANDLING CAPACITYCOMAMASEMS

35 Tons/Hour/Team
14 Containers/Hour/TeamPORT INFRASTRUCTURE
BERTH LENGTH (m)DRAFT (m)INTERNATIONAL
SHIPPINGDOMESTIC
SHIPPING

BERTH

WATER
SIDE

706

314

12

14

YARD (m²)

REEFER(m²)

WAREHOUSE(m²)

CEREAL SILO(T)CEMENT SILO
(T)

870 000-

53 02025 000

20 000PORT SERVICESNAME OFCOMPANYSERVICESPOSTAL ADDRESS

PHONERatsimilaho Boulevard,
Ampasimazava East

+ 261 20 53 321 55

FAX

MAIL

spat@port-toamasina.com

SPAT

PILOTAGE

PORT OFTOAMASINA+ 261 20 53 321 56
501 Toamasina.

CONTAINER :MICTSL

10, Commerce Street,
Ampasimazava+ 261 20 53 352 04
info@ictsi.mg+ 261 20 53 352 05

501 Toamasina
CARGO HANDLINGCONVENTIONALCARGO : SMMC

5, Paul Be Street
Ampasimazava+ 261 20 53 312 63

contact@smmc.mg

501 Toamasina
CARGO HANDLING CAPACITY
MICTSLSMMC

38 Containers/Hour/ Team-

Mooring Platform : 4 ( 11 m, 15 m, 16 m, 20 m of draft)

PORT INFRASTRUCTURE
BERTH LENGTH (m)DRAFT (m)MOORING PLATFORM
YARD (m²)

INTERNATIONAL
SHIPPINGDOMESTIC
SHIPPING

BERTH

WATERSIDE

169

144

8

14

REEFER(m²)

WAREHOUSE(m²)

23 500NUMBERDRAFT (m)02

8.5 à 14

8 945

PORT SERVICESSERVICESNAME OFCOMPANYPOSTAL ADDRESS

PHONE

FAX

MAIL

+ 261 20 22 243 87+ 261 20 22 215 82

Smoi.mar@wanadoo.mg+ 261 20 62 228 76+ 261 20 62 293 20+ 261 20 94 410 31+ 261 20 94 419 87

P.O. Box 3160
PILOTAGE

SMOI
101 Antananarivo

PORT OF TOLIARY
P.O. Box 1244
SEMS
401 Mahajanga
CARGO
HANDLING
P.O. Box 460
COMATO

comato@wanadoo.mg

601 Toliary
CARGO HANDLING CAPACITY

212

SEMS

COMATO

73 Containers/Hour/Team

60 Tons/Hour/team

7 Containers/Hour/Team

8 Containers/Hour/TeamCountry Report
PORT INFRASTRUCTURE
BERTH LENGTH (m)DRAFT (m)MOORING PLATFORM
REEFER(m²)

YARD (m²)
INTERNATIONAL
SHIPPINGDOMESTIC
SHIPPING

BERTH

WATERSIDE

Anchorage
waterside

150

5

14

WAREHOUSE (m²)

NUMBERDRAFT (m)

3 259

-

-

11 250PORT SERVICESPORT OF NOSY BESERVICESNAME OFCOMPANYPOSTALADDRESS

PHONE

FAX

MAIL

PILOTAGE

-

-

-

-

-

CARGO
HANDLING

SAMM

samm@dts.mg+ 261 20 86 613 69

CARGO HANDLING CAPACITY
SAMM
14 Tons/Hour/Team
5 Containers/Hour/TeamPORT INFRASTRUCTURE
BERTH LENGTH (m)MAIN BERTH N°1

SECONDARYBERTH N°2

275

150

DRAFT (m)SECONDARY BERTH
N°3

BERTH

BERTH

BERTH

N°1

N°2

N°3

75

15,75

8

8

YARD
(m²)

WAREHOUSE
N°1 (m²)

WAREHOUSE N°2
(m²)

6 565

1 000

1 000

PHONE

FAX

MAIL

PORT SERVICESPORT OF EHOALASERVICESNAME OF COMPANYPOSTAL ADDRESS
P.O Box 240

PILOTAGE
PORT OF EHOALA LtdCARGOHANDLING+ 261 0 34 65 136 59

Patrick.Guillou@riotinto.com

614 Fort Dauphin

CARGO HANDLING CAPACITY

19 Containers/Hour/Team

3. Fleets-

cargo ship: 143 (Domestic : 140, Ocean-going category of ships of 500GT or more: 03)-

Ferry, Passenger ships: 67 (Less than 24 m or less than 20 GT: 67; 24 m or more or above 20
GT: 00)4. Maritime policy-

Safety and security of maritime activities-

Protection of marine environment-

Protection of marine resources and activities against unlawful acts (Illegal fishing, Drugtrafficking, Maritime Piracy and armed robbery against ships)-

Human resources capacity building

5. Seafarer/maritime education and training institutions:-

Name: Ecole Nationale d’Enseignement Maritime (Mahajanga)-

Year of establishment: 1963-

Number of graduates/year: Officer Courses (Deck & Engineering): 14; Professional
213

Country Report

Development Courses (Basic Maritime Course, Basic safety, Bridge Team Management,
GMDSS, PFSO, etc.): 1,300

6. Foreign countries supporting/assisting in the maritime field:
COUNTRY NAME/INSTITUTION

PROJECT
NAME

European Union

YEAR (S)AMOUNT OF GRANTS/
LOANS (USD)

Support of thefishermen community 6 (2006 -2012)of Toliary

9,360,000.00

CMG 1172 01 N

Restoration ofMorondava Port

7 (2003-2010)

7,766,837.96

CMG 6001 01 J

Restoration of
Antsiranana Port

5 (2005-2010)

18,451,575,62.00

Supporting
sustainable
CMG 1167 01 T
management shrimp
resources and fishing

9 (2001-2010)

8,099,576.26

9165/MAG-9
ACP MAG 007

5 (2004-2009)

5,000,000.00

African Bank ofDevelopment
FranceDESCRIPTION-

Facilitation oftechnical co-operation

7. Relationship with Japan in the maritime field(economic cooperation in recent years, technical cooperation, if any)

There is no official co-operation with Japan in the maritime field. However, there was once a

Port Management Fellowship offered by Japan under the JICA project for one mid-level personnel
from the maritime and port authority.

8.

Maritime organizations and WMU graduates distribution

a. Organizational charts:

OFFICE OFTHE
PRESIDENT
OFFICE OF THE
PRIMEMINISTERMINISTRYOF
DEFENCEGENERAL
STAFF OF THE
MALAGASY
ARMED FORCES

MALAGASY
NAVAL
FORCESMINISTRY OF
TRANSPORTS

STATE
SECRETARIATOF
GENDARMERIE

NAUTICALBRIGADE

APMF(Port ,Maritime
and Waterways
Agency)ENEM(National Instituteof Nautical
Studies)

MINISTRY OF
ENVIRONNEMENTPOLLUTION
DIRECTORATEOLEP(MarinePollution
Organ)ONE(National Officeof Environment)

MINISTRY OF
HIGHEREDUCATION ANDSCIENTIFICRESEARCH

MINISTRY OFFISHERIES AND
HALIEUTICRESOURCESCNRO(National
Centre of
Oceanographic
Research)

CSP(Fisheries
SurveillanceCentre)IHSM(MarineBiology
Research
Institute)

CNRE(National
Centre ofEnvironmental
Research)

214

AMPA
(Malagasy
Fishing and
Aquaculture
Agency)MINISTRY OF
LAND
SETTLEMENT

FTM(Madagascar
Chart andHydrographic
National
Centre)MINISTRY OFMINESMINISTRY OF
FOREIGNAFFAIRSOMNIS(Madagascar Officeof Mining andStrategic Industries)

Country Reportb. Number of WMU graduates in each organization:-

Ministry of Transports: APMF (Port, Maritime and Waterways Agency): 03 WMU graduates(One of whom is a Sasakawa Fellow), ENEM ( National Institute of Nautical Studies): 01
WMU graduatec. Selection process for WMU candidature:
A call for application is organized by the APMF and the candidate with the highest TOEFL
score fulfilling the academic requirements is the one presented by the APMF to WMU.

Author of this summary report
Mr. Jean Edmond Randrianantenaina (2010)

Ocean governance and maritime transport in Madagascar

Situated between 11° 57’ S and 25° 30’S of latitudes and between 043° 14’E and 50° 27’E oflongitudes, Madagascar is an island located in the southern hemisphere in the Indian Ocean. It
is the fourth biggest island in the world with a size of 587,041 square kilometers and a populationof 22,585,5171 composed by eighteen ethnic groups. As an island, it is obvious that the sea plays
an important role in the tradition of the population and the economy of the country. It is in thisregard that it is interesting to look at how the ocean is managed in Madagascar and particularly
how is the current situation of the maritime transport.
I. OCEAN GOVERNANCE :As an inland, ocean management is of capital importance for Madagascar. It is party to themajor maritime conventions and has incorporated in its national legislation the main provisions
contained therein. It has put in place also the necessary organization. However, still having theburden of the colonization heritage, ocean governance in Madagascar is similar to the Frenchadministration which is more or less a continental administration of the ocean.
1) Major international maritime conventions ratified:
Madagascar is party to the major international maritime conventions. Among those which
are ratified, the United Nations Convention on the Law of the Sea (UNCLOS) is an important
one as well as those related to the maritime safety produced by the International Maritime
Organization (IMO). The following table summarizes the major international conventions towhich Madagascar is party to:
Depository organization or government

Maritime conventions to which Madagascar is a party

United Nations (UN)UNCLOS and the Agreement relating to the implementation ofPart XI of the Convention

International Maritime Organization (IMO)

IMO Convention 48 and 93 amendments, SOLAS 1974 (withISPS code and ISM code), FAL 65, Load Lines 66, MARPOL
73/78, STCW 78 and 95 amendments, SUA 1988 and 2005
Protocol, OPRC 90, CLC 92, FUND, Djibouti Code of Conduct

1 July 2011 estimation

215

Country Report
Depository organization or government

Maritime conventions to which Madagascar is a party

International Labor Organization (ILO)

C185 (Seafarer’s Identification Documents),

BelgiumInternational Convention for the Unification of Certain Rules of
Law relating to Bills of Lading (Hague-Visby Rules)

2) Maritime space:In reference to the UNCLOS and its application into the Malagasy Maritime Code,Madagascar claims the following maritime zones as under its jurisdiction and its responsibility:
Length, surface,numberClaim
Coastline

Comments

5,000 km

Territorial Sea

12 nm

Contiguous Zone

24 nm

111,120 sq km

Exclusive Economic
Zone

200 nmContinental shelf

200 nm or
100 nm fromthe 2,500
isobaths

1,140,000 sq km

Information on the limits of the continental
shelf beyond 200 nm from the baselines
from which the territorial sea is measured
s u b m i t t e d o n 2 9 t h A p r i l 2 0 11 t o t h eCommission on the Limits of Continental
Shelf

Search and Rescue
Region under its
responsibility

Islands under its
sovereignty

It is an estimation as the maritime boundary
delimitation between Madagascar and its
neighboring countries are not yet negotiatedexcept with the Reunion Island (France)

4 million sq km
Claim pending overBassas da India,
Europa, Juan deNova, Glorious
island, Tromelinisland and Geyser
Banc (Knownas the “Eparses
Islands”)

253

For the moment, although the “Eparses
Islands” are administered by France, thedispute of sovereignty over these islands isstill on.

3) Organization in ocean governance :In term of ocean governance, the organization in Madagascar is quite similar to the Frenchorganization as the country adopted the French system following the colonization even after the
independence from France. Hence, the responsibilities over the various domain of the ocean areallocated to different ministries as shown in the following table:
Administration
Ministry of Transports

216

Area of responsibility inthe maritime field

Operational and technical branch

Maritime transport (Ports andMerchant Navy)

Ports, Maritime and Waterways
Agency known as “APMF”

Country Report

Administration

Area of responsibility inthe maritime field

Operational and technical branch

Ministry of Environment

Marine environmental protection

Ministry of Armed Forces

Maritime sovereignty
maritime security

Ministry of Land Settlement

Hydrographic survey

andOil pollution organ known as“OLEP”
National Office of Environment
known as the “ONE”
Malagasy Naval Forces
Malagasy Air Forces
National Hydrographic Instituteknown as “FTM”
National Centre of Oceanographic
Research known as “CNRO”

Ministry of Higher Education andScientific Research

Marine scientific research

Marine Biology Research Instituteknown as “IHSM”
National Centre of Environmental
Research known as “CNRE”

Ministry of MinesManagement of the mineral
resources (Oil, gaz, etc.)

Ministry of Fisheries andAquaculture

Fisheries and aquaculture
management

State Secretariat of GendarmeriePorts and waterways security

Madagascar Office of Mining andStrategic Industries known as“OMNIS”
Fisheries Surveillance Centre
known as “CSP”
Malagasy Fishing and Aquaculture
Agency know as “AMPA”
Nautical brigade

4) Maritime issues:
There are several issues that need to be addressed and solved in Madagascar in themaritime field.
The first issue is regarding the maritime boundary delimitation between Madagascar
and its neighboring countries. However, this issue is dependant to the resolution of the claim ofsovereignty over the “Eparses Islands” between Madagascar and France. Indeed, the settlementof this dispute will clarify the rights of Madagascar in terms of maritime zones size and willease the delimitation of maritime boundary between Madagascar and its neighboring countries.
Addressing this issue needs nevertheless a political will from the government of Madagascar andFrance as well as the existence of expertise from the technical, the legal and the foreign affairs
people in Madagascar.
The second issue is regarding maritime policy and organization in ocean governance. In fact,
as the responsibilities in the maritime field are scattered in various administrations without any
national coordination, there is a lack of interagency coordination and collaboration. Thus, there
is a need to put in place an organizational structure which will be in charge of coordinating theactions of all departments of the administrations involved in the maritime issues in Madagascar.
There is also a need for establishing a national maritime policy which does not exist for the217

Country Report

moment.
The third issue is regarding the improvement of the operational capabilities in the field ofmaritime surveillance in order to protect the marine resources and the maritime transport, and toensure a better response in search and rescue as well as in marine environmental protection.
II. MARITIME TRANSPORT:
Being an island State, maritime transport plays an important role in Madagascar either
domestically or internationally. In one hand, due to the deficiency of the road infrastructure,
domestic maritime transport is the solution for remote coastal areas to get replenishment and totransport local products. In the other hand, international maritime transport is the main way ofimporting and exporting goods.
1) Shipping :In domestic shipping, there are several small shipping companies in Madagascar. Thoseshipping companies are usually owned by individuals that are selling goods in remote coastal
areas which are very hard to access by road. Ships serving those areas are very often transportingat the same time passengers and goods. In 2012, domestic shipping counted 664 ships which
represent around 23,234.41 DWT.
International shipping ensures almost 100% of the transport of imported and exported
goods. Based on the estimation of 2011, the total exports value amounted USD 1.407 billion.
The main exports commodities are coffee, vanilla, shellfish, sugar, clothing and chromites. The
major exports destinations are France (26.3%), USA (9.2%), China (8.5%), Netherlands (6.4%),
Germany (5.6%), Canada (4.4%), and Spain (4.3 %). In terms of imports, the total value amounted
USD 3.653 in 2011. The main imports commodities are capital goods, petroleum, consumer
goods, and food. The imported goods are mainly from China (14.6%), France (11.4%), South Africa(6.4%), India (5.4%), Bahrain (4.6%), USA (4.3%), and Singapore (4.1%). Madagascar does nothave national flagged vessels that operate on international long distance shipping activities. It ismainly ensured by foreign flagged ships belonging to international companies such as MAERSK
Line, CMA-CGM, MSC, etc. However, to ensure sea transportation between Madagascar and its
neighboring countries such as Comoros, Mauritius and Reunion Island (France), there are 18
ships which represent 5,052.66 DWT in 2012.
2) Ports :Ports in Madagascar are classified into two categories namely ports of national interest andports of regional interest. Generally, ports of national interest are those which are international
ports and those of regional interest are domestic ports. With regards to port management, ports
in Madagascar are classified into autonomous ports and non autonomous ports. Autonomous ports
are established as a private company and function as such whereas non autonomous ports areeither managed privately through global concession or managed by the State through the Agence
Portuaire, Maritime et Fluviale known as the “APMF” (Port, Maritime and Waterways Agency).
At the moment, there are 17 ports in Madagascar. 6 of the 17 ports are opened tointernational trade and the remaining 11 ports are only for domestic trade. The volume of traffic
within the international ports was estimated at 3,987,337 tons during 2012 whereas the cargohandling in domestic ports was around 1,337,927 tons.
218

Country Report

3) Maritime safety and security :In 2012, there were 18 cases of marine incidents. However, only one marine incident
resulted in one loss of human life during that year. Compared to the previous years, there was asignificant progress on this issue. The main causes of marine accidents in Madagascar are often
related to overload of goods on board, human errors and substandard ships.
The Agence Portuaire, Maritime et Fluviale-APMF (Port, Maritime and Waterways Agency)is the administration in charge of maritime safety. To maintain maritime safety, the APMF isorganized in one general directorate located in the capital city of Madagascar (Antananarivo), four
regional directorates and twelve maritime sectors. The head of the regional directorates and themaritime sectors act as marine inspectors in the coastal areas under their responsibility. At sea,
the APMF works in collaboration with the Malagasy Navy to ensure the enforcement of maritime
safety regulations while the merchant ships are underway. In terms of aids to navigation,
Madagascar has 25 major lighthouses to ensure coastal approach and the entrance of ports.
To ensure the training of seafarers (For the Merchant Navy and the fishing activities),
Madagascar has one maritime institute.
In field of maritime security, the APMF is in charge of the ISPS Code implementation in
ports and on board ships flying Malagasy flag operating internationally. As maritime piracy andarmed robbery against ships remain permanent threats of maritime transport in Madagascar, theMinistry of Transports through the APMF and Ministry of Defense through the Malagasy Navywork together to respond to any incident.
The main challenges of Madagascar in maritime safety and security are the lack of qualified
human resources to conduct the marine inspections, the absence of means to ensure the maritime
domain awareness, and insufficient operational capabilities to guarantee the intervention at sea
in case of incidents and to ensure maritime surveillance.
4) Maritime transport administration :The Ministry of Transports is the Malagasy administration in charge of maritime transport.
It is in charge of proposing to the government the national policy on maritime transport andhas responsibility to implement it once it is adopted. To fulfill its obligations, the Ministry ofTransports has a General Directorate in charge of Maritime, Waterways and Air Transports,
a Directorate of Maritime and Waterways Transports, an agency acting as Port, Maritime andWaterways authority (The APMF), and a maritime institute.
a) General Directorate of Maritime, Waterways and Air Transports (DGTMFA):
The General Directorate of Maritime, Waterways and Air Transports known as the“DGTMFA” (Direction Générale des Transports Maritime, Fluvial et Aérien) is one of thegeneral directorates under the Ministry of Transports. It is responsible for the supervisionof all activities related to maritime, waterways and air transportation. It is in charge of the
preparation and the drafting of the policy formulation in these three sectors for the Ministerof Transports. It has as executive and operational branches under its direct supervision the
Directorate of Maritime and Waterways Transports, the Port, Maritime and Waterways Agency
and the National Institute of Nautical Studies.
b) Directorate of Maritime and Waterways Transports (DTMF):
The Directorate of Maritime and Waterways Transports or DTMFA (Direction des219

Country Report

Transports Maritime et Fluvial) works for the DGTMFA and it is part of the Ministry ofTransports structure. It is the technical service of the Ministry of Transports in planning andpolicy formulation for the maritime and waterways transportation.
c) Port, Maritime and Waterways Agency (APMF):
The Port, Maritime and Waterways Agency or APMF (Agence Portuaire, Maritime et
Fluviale) is an autonomous agency under the supervision of the Ministry of Transports(Technical supervision) and the Ministry of Finance and Budget (Financial supervision). It
is an agency created in 2003 and has an administrative as well as a financial autonomy. It isgoverned by a board of governors (composed by representatives from the Public and Private
sectors) and an executive branch (Represented by the General Directorate of the APMF). The
APMF main mission is to implement the national policy on port, maritime and waterways
transportation. In this regard, it is the port, maritime and waterways administrative authority
in Madagascar. To carry out its duties, the APMF consists of one (01) General Directorate andfour (04) Regional Directorates.
-

The General Directorate of the APMF is located in Antananarivo, the capital city ofMadagascar. The General Directorate is the headquarter or the head office of the APMF.
It has three (03) Directorates and five (05) Divisions. The Directorates are the Regulation
Directorate (In charge of Ports activities supervision and seafarer administration), theSafety and Technical Directorate (In charge of maritime safety, ports and aids to navigation
infrastructure), Administrative and Finance Directorate (In charge of general affairs,
finance and logistics). The divisions are directly under the supervision of the Director
General of the APMF and they are the Legal Division, the Human Resources Division, theInformation System and Telecommunication Division, and the Research and Development
Division.

-

The Regional Directorates represents the APMF in the maritime region. Actually, there are
four (04) Regional Directorates which are located in Antsiranana (In charge of the northernpart of Madagascar), Toamasina (In charge of the eastern part of Madagascar), Toliary (Incharge of the southern part of Madagascar and the Mozambique channel), and Mahajanga(In charge of the north-western part of Madagascar).
The total number of employee of the APMF is 153 at present time.

d) National Institute of Nautical Studies (ENEM):
The National Institute of Nautical Studies known as the “ENEM” (Ecole Nationaled’Enseignement Maritime) is located in Mahajanga. It is the only one maritime institute thatexists in Madagascar. The ENEM trains seafarers who will serve on board merchant ships
and fishing vessels. The institute conducts mainly training on basic safety, basic maritime
knowledge and crisis management in terms of professional development courses and it
trains ship’s captain as well as chief engineers in the area of officer’s courses. Apart from
Malagasy nationals, the institute trains also student from the Comoros Island and few African
Francophone countries. The ambition of the institute is to become a regional institute.

220

Country Report

MALAWI
Introduction

Republic of Malawi is a landlocked country in the southeast Africa. It is bordered by Zambia

to the northwest, Tanzania to the northeast and Mozambique on the east, south and west. The
northern half of the country is bordered by Lake Malawi, which is 570 km long and occupies
24,800 square kilometres of the country (see map below). Malawi’s international trade andtransport needs depend on its neighbours for access to the sea. For this reason, Malawi suffers
transport interruptions whenever there is political instability in the neighbouring countries,
like the civil war in Mozambique which went on for about two decades and the recent politicalturmoil in Zimbabwe – negatively affecting the country’s economic growth. To avoid suffering fromcomplete shutdown when such things happen the country has several alternative routes throughwhich country’s international trade is conducted. The most reliable ones are; the northerntransport corridor through Dar es Salaam port in Tanzania, Nacala and Beira corridors throughNacala port and Beira port respectively in Mozambique, and the southern corridor throughDurban in South Africa. Compared to other landlocked countries in sub Saharan Africa, Malawi
enjoys a rather good logistical position. Its main economic centre, Blantyre, is only about 300 km
from the sea.
Most of Malawi’s road, rail and Inland
water transport infrastructure forms part of one
or more of the four main international transport
corridors. Road and rail play a major role astransport modes in the integrated system, moreso the southern part of the country. Inland
water transport links the northern transport
corridor.
As a landlocked country, Malawi has
limited influence on the performance of these
corridors, but performance of each of the four
corridors is evaluated on the basis of the freight
handled destined for Malawi, transport cost foreach corridor and also the transit period.
This paper attempts to give an
overview of the development of inland
water transportation in Malawi focusing on
infrastructural development, and the role ofwater transportation in the economic growth ofthe country.
Map of Malawi showing boundaries with its neighbours

221Country Report

Water Transport in Malawi

Water transport in Malawi started way back in the colonial era when the country was underthe British protectorate. The British first built the existing rail network in the southern part ofthe country, linked Nacala and Beira corridors in Mozambique. Because of the topographic set up
taking rail network to the northern part of the country would be difficult and costly and therefore
the lake formed the transportation link. That was the birth of inland waterborne trade in Malawi.
Lake Malawi plays a very important role in transportation of goods and passengers in the
country, more so as part of the northern corridor to Dar es Salaam in Tanzania. Two ports on thelake, Chilumba and Chipoka stretching 400 km apart, form a link in the integrated transport
chain from Dar es Salaam. Chipoka port is the focal point of the lake activities. It is the only port
connected to both road and railroad.
Currently management and operation of both shipping and port services are in the handsof private operators through Private Public Partnership (PPP) on concession arrangement. The
reason is to improve efficiency, but also to encourage private investment in the sector. Malawi
Shipping Company is managing shipping services while Malawi Ports Company is doing on ports.

Shipping Services

Like already mentioned, Malawi Shipping Company is the only main ship operator on

Lake Malawi, others are those that do transportation activities on very small scale hence notproperly registered and regulated. Previously Malawi Railways Limited, a state owned company,
operated ships and ports through a subsidiary company called Malawi Lake Services from 1934
to 1994. When privatisation of Malawi Railways happed in 1994 Malawi Lake Services wasdelinked and became a Government sub-vented company, until 2002 when a concession wasgiven to Glens Waterways to manage shipping operations on the Lake. Two years later, theconcession was terminated due to unsatisfactory performance on the part of the concessionaire;
hence Government through the Maritime Administration in the country temporarily took overand directly managed operations of Malawi Lake Services. This state of affairs persisted until 1st
November 2010 when the present operator, Malawi shipping Company took over.
The Shipping Company has the interest to do transportation business on Lake Malawi,
while at the same time to serve government’s interest of meeting Passenger service obligation(PSO). This means going to places where the company may be likely breakeven the running costs.
Transportation of cargo is vitally important on the lake connecting the northern andsouthern parts of the country, but also connecting the two Islands (Chisumulu and Likoma
Islands). The Company therefore has the obligation in the interest of the government to provide
sustainable water transport service in order to contribute meaningfully towards economic growthof the country.

Port Services

Ports services on lake Malawi began at the same time as the shipping services, and thismade it that the same ship operator was also operator for the ports; Malawi Railways. At firstthese were simple landing facilities that enabled embarkation and disembarkation of passengers.
With time and growth of waterborne trade, four main ports got established and developed to222

Country Report

the modern status. The port in Chipoka is the focal point of lake activities. It is the only port
connected to the rail and road network; it also provides container terminal services. The port is
6 meters deep and capable of docking two 750 tons ships; at times though the port suffers fromsiltation hence need for maintenance dredging to be undertaken time and again.

The Maritime Administration

The Marine Department is a regulatory arm of the Ministry of Transport and public Works,

responsible for all matters relating to water transportation, as well as those issues pertaining to
the implementation of polices and directions sanctioned under various regional and International
Conventions such as Southern Africa Development Community (SADC), Common market for
East and Southern Africa (COMESA) and International Maritime Organisation (IMO) etc. As
a technical branch of the Ministry, the Department also plays a crucial role in the provisionof advisory services to other government institutions and stake holders in Water Transport
Subsector.
The mandate of the Department is prescribed in the Inland Waters Shipping Act (1995)
which provides a legal framework for the Water Transport Industry. Under this Act, theDepartment is charged with the responsibility to administer regulatory provisions governing
Maritime Safety, Marine Education and Training, Port management and Marine pollution
Control.
The objectives of the Department are therefore outlined as follows: Regulation of marine transport services
 Provision of maritime education and training Provision of administrative and general support services
 Provision of Marine Environment Management

Organization and Programme Composition

Currently the following Divisions exist in the schedule of the established office of the Marine

Department whose activities have been detailed in table 1below.
(A) MANAGEMENT AND SUPPORTDIRECTOR’S OFFICE• Policy formulation and guidance on technical andadministrative matters• Leading and attending International Forums

HUMAN RESOURCE MANAGEMENT• Recruitment• Personnel affairs

FINANCE• Budgeting• Expenditure control• Revenue collection

STAFF DEVELOPMENT• Training Plan
• Training Management(B) SAFETY REGULATORY DIVISION
Procedure on;• Survey, Registration and Licensing of vessels for seaworthiness.
• Conduct Examinations and Certification for Seafarers.
223

Country Report• Approval and control of ship design and construction• Co-ordinate SAR activities.
• Co-ordinate safety issues pertaining to International Maritime Conventions.
• Law Enforcement• Maintenance of Aids to Navigation(C) PORTS REGLUATORY DIVISION• Cargo handling• Storage of cargo• Attendance to vessels• Provision of Port Security• Maintenance and repair of Port Equipment• Law Enforcement(D) TRAINING DIVISION• Training of Merchant Cadets• Training of Fishing Cadets• Conducting short courses

224

Country Report

NIGERIA I
Nigeria officially the Federal Republic of Nigeria, is a federal constitutional republic
comprising 36 states and its Federal Capital Territory, Abuja. It is located in West Africa and lies
between latitudes 4° and 14°N, and longitudes 2° and 15°E. It also has a total area of 923,768
km2 (356,669 sq mi) and shares land borders with the Republic of Benin in the west, Chad and
Cameroon in the east, and Niger in the north. Its coast in the south lies on the Gulf of Guinea on
the Atlantic Ocean. Nigeria also known as "the Giant of Africa" is the most populous country inAfrica and the seventh most populous in the world (going by the 2006 census), its population is140,431,790, with a density of 188.9/km2 (489.3/sq mi) and a coastline of 853 km (420 NM). The
GDP of Nigeria using the 2013 estimate is $478,526 billion making it 30th in the world with aper capita of $2,827. It has two main rivers the Niger and the Benue River which converge andempty into the Niger Delta, one of the world's largest river deltas and the location of a large areaof Central African Mangroves.

EconomyNigeria, a mixed economy emerging market has already reached lower middle income statusaccording to the World Bank and is the second largest in Africa. Nigeria is the United States'
largest trading partner in sub-Saharan Africa and supplies a fifth of its oil (11% of oil imports). It
also has the seventh-largest trade surplus with the U.S. of any country worldwide and the 14thlargest exporter of goods to the U.S. According to Citigroup in 2011, Nigeria will get the highest
average GDP growth in the world between 2010 –2050, while it remains one of two countries
from Africa among 11 Global Growth Generators. Nigeria, now the second largest economy inAfrica (following South Africa), is the largest economy in the West Africa Region with about 60%of the regions GDP. It may be noted that Nigeria made history in April 2006 by becoming the first
African Country to completely pay off its debt (estimated $30 billion) owed to the Paris Club.

Current Situation of Sea Transportation

Nigeria has 8,600 km of inland waterways. The longest are the Niger River and its tributary,

the Benue River but the most used, especially by larger powered boats and for commerce, are in
the Niger Delta and all along the coast from Lagos Lagoon to Cross River.
1. Ports
The Nigerian Ports Authority (NPA) is responsible for managing Nigeria’s ports, someof which have fallen behind international standards in terms of the quality of facilities andoperational efficiency. Recognizing that the government lacks the funding and expertise tomodernize facilities and run the ports efficiently, the NPA is pursuing partial port privatization
by means of granting concessions to private port operators. Under the terms of concessionagreements, the government would transfer operating rights to private companies for a finite
number of years without forgoing ownership of the port land. Nigeria’s principal container port
is the port of Lagos and consists of separate facilities at Apapa and Tin Can Island, has a rail
connection to points inland.
225

Country Report

Port Harcourt, a transshipment port located 66 kilometers in the Gulf of Guinea along
the Bonny River in the Niger Delta, handles about 815,000 tons of cargo each year and also hasa railway connection. Both ports are not only responsible for Nigeria’s seaborne trade but also
serve inland countries such as Niger and Chad. A new port is under construction at Onne about
25 kilometers south of Port Harcourt. Relatively modern and with efficient terminals managed bymultinational oil companies, it handles most oil and gas exports.
Other major ports are Warri and Calabar ports, though not very active hold great potentials.
Especially the Warri port going by the recent dredging of the River Niger to serve the inland partsof the country.
The Nigerian Ports Authority (NPA) has also recently announced plans to develop two new
deepwater ports at Lekki, in Lagos State, and Ibaka, near the city of Uyo in Akwa Ibom.
2. Shipping
The maritime industry which is regulated by the Nigerian Maritime Administration and
Safety Agency (NIMASA), has seen potentials for growth over the last couple of years. Although
the Ship Registry have about 500 registered ships (with most involved in the Cabotage trade), it
has about 40 ships (1,000 GRT and above) totaling 360,505 GRT/644,471 metric tons deadweight(DWT). The ship types for the 1,000 GRT and above are:Bulk carrier 1,
Cargo ship 12,
Chemical tanker 4,
Petroleum tanker 22,
Specialized tanker 1
ndeed, this number compared to the potentials of the country is negligible. However, there
are clear signs that the industry is on an upward movement.

ORGANISATIONS AND HUMAN DEVELOPMENT

1. The Nigerian Maritime Administration and Safety Agency (NIMASA)The Agency is the apex regulatory and promotional maritime agency under the auspicesof the Federal Ministry of Transport. It focuses on areas that include Maritime Safety
Administration, Maritime Labour Regulation, Marine Pollution Prevention and Control, Searchand Rescue, Cabotage enforcement, Shipping Development and Ship Registration, Training andCertification of Seafarers, and Maritime Capacity Development. There is a cabotage shipping
policy which is a result of the 2003 Cabotage Act, guaranteeing that all internal water shippingis handled by National ships owned by Nigerian nationals. The Agency also develops indigenous
capacity and implements domesticated International Maritime Organization (IMO) andInternational Labour Organization (ILO) Conventions.
The Administration has also trained thousands of seafarers in several companies. It is
now at the stage of getting these trained cadets onboard vessels for a fee. Going forward, a shipbuilding company is being constructed to build sea going vessels and should be ready to commence
operations in the next couple of years.

226

Country Report

2. Nigerian Ports Authority (NPA)
NPA carries out these functions and more
• Develop ,own and operate ports and harbours• Provide safe and navigable channel• Offer cargo handling and storage services• Maintain Port facilities and equipment• Ensure safety and security• Develop and own property
3. Nigerian Shippers Council
As an agency of the Federal Republic of Nigeria saddled with the responsibility of protecting
the interest of Nigerian Shippers and committed to providing adequate and up-to-date trade
information to the Nigerian shipper and the international business and shipping community.
4. NIGERIAN INLAND WATERWAYS AUTHORITY
The organization has responsibility over the inland water transportation, virtually
performing all the functions of the Maritime Administration for inland water transportation. Thismode of transportation is envisaged to grow and be prominent in National planning. Already, thetwo major rivers that transcends all over the country are been dredged to accommodate large
ocean going vessels and more investment is going into training of staff for the organization.
ORGANIZATIONAL CHART
























227

Country Report

NIGERIA Ⅱ
1. Country Overview

Total: 923,768sqkm (Land 910,768sqkm and Water 13,000sqkm).
Coastline: 853km
Population : 174,507,539 (July 2013 est.)
Main industries : Agriculture: 30.9% (cocoa, peanuts, palm oil, maize, rice)
Industry: 43% (crude oil, coal, tin, columbite, palm oil)
Services: 26% (2012 est.)
Main trading partners : Export: US 16.8%, India 11.5%, Netherlands 8.6%, Spain 7.8%,
Brazil 7.6%, UK 5.1%, Germany 4.9%, Japan 4.1%,
France 4.1%.
Import: China 18.3%, US 10.1%, India 5.5%
Land area :2. Maritime Overview① Maritime industry (shipping and water transportation, ports and harbour, seafarers, and naval
architecture/dockyards) GDP total, GDP ratio against all industries, characteristics)• Nigeria has the second longest length of waterways in Africa. It has 8,600 km of inland
waterways. The longest are the Niger River and its tributary, the Benue River. Although,the most used, especially by larger powered boats and for commerce, are in the Niger Deltaand all along the coast. However, water transport scores a distant second to road transportwith an average share of about 1.6% of Nigeria GDP. But with the dredging at the lower
Niger which covers about 572 kilometers of waterways that stretches from Warri in Delta
state to Baro in Niger state, the potentials are greater.
• There is some building of coastal vessels of not more than 300gt, tugs, barges, support
boats and repair happening in Nigeria.
• It has been argued that the maritime industry in both its public and private sectors
provides 10% of the job opportunities available in Nigeria. Its public sector including the
Nigerian Customs Services, Immigration, Port Police, Nigerian Navy, NDLEA, Standard
Organisation of Nigeria, Department of State Security Service, Federal Environmental
Protection Agency, National Cargo Handling Agency, National Food and Drug
Administration [NAFDAC], Nigerian Ports Authority, Nigerian Shippers Council, National
Maritime Authority and Nigerdock etc. altogether provide about 1 million jobs. The
private maritime sector including shipping companies also furnishes numerous different
categories of jobs to the national economy.
• As of 2009, Nigeria had less than 3,000 seafarers, while about 2,000 vessels were engaged
in cabotage, or local trade between Nigerian ports (with mostly foreign crews).
② Main ports (name, cargo handling capacity, characteristics) including planned ports
Nigeria currently has 6 major ports (Tincan Island, Apapa, Warri, Port Harcourt, Onne andCalabar Ports) and 10 crude oil terminals (Escarvos, Bonny, Sapele, Forcados, Tuma, Okrika,
FOT, etc).
All Nigerian Ports excluding the crude oil terminals handled 76,744,727, 83,461,697, and228

Country Report

77,092,625 for 2010, 2011 and 2012 respectively.
Cargo Handled 2010 / 2011 / 2012 are:General Cargo (14,280,476 / 13,216,507 / 19,521,636
Contanerised (8,759,415 / 10,492,381 / 4,961,188)
Dry Bulk (12,968,497 / 13,111,328 / 10,163,742)
The Ports are usually general cargo ports, but some ports like the Apapa Port has a designatedterminal for containers called Container Terminal concessioned to Maersk Line. Onne Port too
in the Niger Delta services the Oil and offshore Industry.
Between 2007 – 2012 the number of vessels that entered Nigerian Ports are 24,142 with acumulative GRT of 615,039,057③ Fleets:
Cargo ship: number of fleet; both domestic and ocean-going category of ships 500GT or more :Ferry, Passenger ships: 24 metres or more or above 20GT
④ Maritime policy (government policy, eg. future planning)⑤ Seafarer/maritime education and training institutions (Name, number of graduates /year, yearof establishment)
The major maritime education and training institution are
1. Maritime Academy of Nigeria, Oron Established by Decree No. 16 of 1988
2. Nigerian Institute of Transport Technology established in the year 1986
3. Federal College of Fisheries and Marine Technology, Lagos, Nigeria established in 1969
There are also several other smaller with some named below but not limited
1. African Maritime Academy of Nigeria, Oyo, Nigeria
2. Coastal Maritime Academy
3. Stars Maritime Academy (SMA) Commission in 2003
⑥ Foreign countries supporting/assisting in the maritime field: None(eg.: country name, project name, description, year(s), size (amount $) of grants/loans)⑦ Relationship with Japan in the maritime field (economic cooperation in recent years, technicalcooperation, if any)
Economic relations and Technical Cooperation is good, but not in the Maritime industry. The
only relationship as regard Technical Cooperation in the maritime industry is the Sassakawa
Fellowship to which four Nigerians have enjoyed thus far

3. Maritime organizations and WMU graduates distribution
The Maritiem Organisations are:

• Federal Ministry of Transport (FMoT).
• Nigerian Maritime Administration and Safety Agency (NIMASA)• Nigerian Ports Authourity (NPA)229

Country Report• Nigerian Shippers Council (NSC)• Nigerian Inland Waterways Athourity (NIWA)• Nigerian Maritiem Academy (MAN), Oron.
Cannot tell the number of WMU graduate for each, but NIMASA has about 30 graduates① Organizational charts: (Appendix submitted) which organization is the genuine focal point to
IMO?
The genuine focal point of IMO is the Nigerian Maritime Administration and Safety Agency(NIMASA)② How many WMU graduates are positioned in each organization?
③ Selection process for WMU candidature. Is it managed by a particular department?
It is managed by the training department

4 . Author of this summary report
Mr. Yusuf Bala (PM, 2008),

230

Country Report

TANZANIA
1. Country Overview

Tanzania1 is located in East Africa between latitudes 10 – 120 South of the Equator andlongitudes 290 - 410 East of Greenwich. It shares the borders with eight countries: Kenya andUganda to the North, Rwanda, Burundi and Democratic Republic of Congo to the West, Zambia,
Malawi and Mozambique to the South. While to the East it is boarded with nothing but Western
Indian Ocean.
The total land area of Tanzania is 945,000 sq. km which includes a land area of 881,000
sq. km of Mainland; 2,000 sq. km for Zanzibar; 62,000 sq. km of inland water and 3350 sq. km offorest and woodlands. Tanzania also hosts the highest mountain in Africa known as Kilimanjaro
Mountain (5895 mts high above sea level).
From the housing census of 2012 the population of Tanzania is 44 million people with the
distribution of 51.3 and 48.7 female and male respectively and the population growth rate is 3.0%
per annum.

2. Economic activities categorization:

Main economic activities include Agriculture, Industry, and Services which contribute tototal GDP. In 2012 the following distribution was in estimate:i) Agriculture contributed to 27.70% which including Farming, Fishing and Forestry.
ii) Industry was 25.20 which including:- Agricultural processing (sugar, beer, cigarettes, sisal
twine) diamond, gold and iron mining, soda ash, oil refining, shoes, cement, apparel wood
products, fertilizer and salt.
iii) Services were 47.20% that cover: - Government activities, communications, transportation,
finance and all other private economic activities that do not produce material goods.
Chart 1 GDP composition by sector

Source: www.cia.gov/library/publications/the-world-factbook

1 Tanzania is a short name for the United Republic of Tanzania which is a union of Tanganyika (now referred to
as Mainland Tanzania) and Zanzibar (archipelago which is referred to as the Isles)

231

Country Report

3. Main trading & trading partners

According to year 2012 world-Factbook’s estimation the nation’s export reached USD 9Billion whereby exported commodities were gold, coffee, cashew nuts, cotton and manufactures.
The main export partners and their percentage share in export trade for the same period
were India 14.1%, China 11.0%, Japan 6.1%, Germany 5.0 % and United Arab Emirates 4.9 %.
On the other hand imports for the same period were USD 11 Billion and the main imported
commodities included consumer goods, machinery and transportation equipment, industrial raw
materials and crude oil.
From the same statistics main import partners and their percentage share to imports were
China 21.1%, India 16.1%, Kenya 6.6%, South Africa 5.6 % and United Arab Emirates 4.8 %.

4. Coastal line
Fig. 1 Tanzania Coastal line with Zanzibar Archipelago

Source: www.worldatlas.com

Tanzania is coastal State situated in East Africa, Western Indian Ocean, with a coastlineof about 1,424 kilometers long which stretches for 1,424 kms from Jasini village in Tanga region
on the North to Ruvuma River in Mtwara region, in the Southern part. Tanzania Coastal line
encompasses Five Regions of Tanga, Coast, Dar Es Salaam, Lindi and Mtwara.
The multi-border characteristic of Tanzania reinforces its accessibility and gives it
232Country Reportcompetitive leverage over the neighbouring countries, which possess less exposed boundaries.
Other advantages are existence of inland ports as shown in fig. 2.
Fig. 2 Tanzania Sea and Lake Ports

5. Maritime Administration

Tanzania has no single institution that comprehensively address matters related to themaritime industry. Maritime transport issues, maritime logistics, ship registration, maritime
safety, maritime security, and seafarers education are addressed by the Ministry of Transport.
On the other hand, issues pertaining to fishing are addressed under the Ministry of Livestock
and Fisheries development. Environmental issues are addressed by the Prime Minister's Office.
Other Ministries responsible for some issues related to maritime industry includes Ministry of
Natural Resource and Tourism as well as the Ministry of Defense and National Service which is
responsible for defense against sea aggression under NAVY.
The Ministry of Transport has further formed institutions which carries out maritime
responsibilities as identified above Among them is the Surface and Marine Transport Regulatory
Authority (SUMATRA) which is the institution dedicated to regulate maritime transportindustry (Refer Annex no. I.) SUMATRA regulates a range of activities from seafarers training
and certification, maritime safety and security to ports and shipping business. Other services
regulated by SUMATRA include shipping agency, shipping lines, port operators, clearing andforwarding agencies and cargo consolidators.
On the other hand, in the Isles there is Zanzibar Maritime Authority (ZMA) that regulates
maritime industry within the Isles.

6. Legal framework

National legislations play an important part in the supervision of maritime industry in

Tanzania like in any other State. As of July 2013, Tanzania is a party to a total of twenty three233

Country Report(23) IMO Conventions. The ratified Conventions are incorporated into national legislations tobe effectively applicable in the country. The Merchant Shipping Act, 2003 regulates maritime
industry within geographical area of the United Republic of Tanzania. Among other things,
the Merchant Shipping Act addresses issues of safety at sea, seafarers welfare, environmental
protection and preservation as well as issues pertaining to registration of ships. While theMaritime Transport Act, 2006 applies in the Isles.
In case of disputes arising from the maritime industry in Tanzania, such disputes arebrought before relevant courts of law. Although there are no special courts for maritime issues,
disputes could be resolved accordingly by the Commercial Division of the High Court of the United
Republic of Tanzania or any other applicable courts. So far Tanzanian courts have not received
many maritime cases.

7. Maritime Transport
A. Shipping

Private Sector plays a big role in Tanzanian shipping as there are about 50 private owned
shipping companies handling various shipping activities.
Alongside with private sector participation in shipping, Tanzania under the Ministry ofTransport has a shipping company in joint venture with the Peoples’ Republic of China under
its Ministry of Communications dealing with sea transport. A company is known as ChinaTanzania Joint Shipping Company (SINOTASHIP), it is a 50 – 50 ship owning and operatingcompany. Currently the company owns a bulk carrier MV CHANG SHUN II with capacity of
57,000 DWT and expects to order two new general cargo vessels of 15,000 DWT capacity which
will be flying Tanzanian flag and therefore create jobs for Tanzanian seafarers in near future.
The Tanzania government under the responsible ministry i.e. MoT also has anothershipping company namely Marine Services Company Limited (MSCL). This company operates
ferries, cargo ships and tankers on all Major Lake ports including Victoria (linking Tanzania,
Kenya, Uganda), Tanganyika (linking Tanzania, Burundi, Democratic Republic of Congo andZambia), and Malawi (linking Tanzania, Malawi and Mozambique).
MSC's fleet is as follows:• On Lake Victoria; there is a passenger ferry MV Victoria, train ferry MV Umoja and cargoand passenger ship MV Serengeti;• On Lake Tanganyika includes the ferries MV Liemba and MV Mwongozo• On Lake Malawi is MV Songea.
B. Shipping Traffic at Major Ports
The country’s trading in imports as well as exports have been growing and its
consequence is being reflected on the growth in shipping especially to the principal port of Dar
Es Salaam, which handles all types of ships compared to other ports as depicted for the whole
period in review. (Refer Annex no. IV and V)
Hence, bigger deep sea ships are being received than ever before, this is well presentedin (Annex no. IV) whereby an increase of GRT in ships calling at Tanzanian major seaports is
depicted and this has been possible due to development in port facilities as a whole.
234

Country Report

However, passenger traffic in most ports is fluctuating (Refer Annex no. IV) especially at
Lake Ports. Ageing of passenger vessels plying in Tanzanian waters has been one of the courses
in declining of passenger traffic. Efforts are underway to curb the situation through the MSCL,
and other local as well as foreigners’ private investors.
C. Ports
Tanzania is strategically located among land linked countries. The advantage of her
geographical position grants her the opportunity to serve other countries transport needs.
Countries that rely on Tanzania ports include Uganda, Rwanda, Burundi, Zambia D.R. Congoand Malawi (Refer fig 2).
Apart from the Indian Ocean where three major ports are located i.e. Dar es Salaam,
Tanga and Mtwara, thus handle more cargo comparing to minor ones namely Kilwa, Lindi
and Mafia, (Refer Annexes III, IV and V), there are navigable Lakes as well as Rivers which
are useful for transportation of passengers and cargo. Major navigable lakes include Lake
Victoria, Lake Tanganyika and Lake Malawi in which Mwanza, Kigoma and Kyela ports arerespectively situated.
Major navigable lakes include Lake Victoria, Lake Tanganyika and Lake Malawi in
which Mwanza, Kigoma and Kyela ports respectively are found (Refer fig 2).
Tanzania Ports Authority (TPA) is a government company under the Ministry ofTransport currently performs the role of both Landlord and Operator in most of the above
mentioned Tanzanian mainland ports and terminals with main functions of promoting the use,developing and managing of port and their hinterlands and also entering into contracts for the
purpose of delegating powers through licensing and concession of ports services. While in the
Isles there is Zanzibar Ports Corporation (ZPC).
The role of private sector in providing port services has not be undermined. In Tanzania,
Public-Private Partnership (PPP) has enabled the International Container Terminal Services
Ltd (TICTS), which is a subsidiary company of Hutchison Port Holdings (HPH), to handle
containers in Dar Es Salaam Port under concession agreement.
D. Dry dock and Ship Yards(i) Songoro Marine Transport Ltd. Boatyard
The shipyard is located at Mwanza and is a family owned business registered as alimited liability company in November 1993. Initially the yard was owned and managed
by the government of United Republic of Tanzania jointly sponsored with the Dutch
Government. The yard undertakes orders of construction of vessels/Boats for both domestic
and international customers.
The shipyard has the capacity to build variety of vessels including oil tankers, highspeed passenger catamarans, containers as well as bulk and dry cargo vessels. It also serves
as a maintenance and repair facility.
(ii) Dar Port Dr y Dock
Tanzania Ports Authority (TPA) has a minor drydock yard to cater for repair andmaintenances for water craft with low GRT. It consists of a boat slipway with two rails and235

Country Report

two-rail lifting systems, boat shed, woodwork and machine shop, plate shop, and a service
jetty.
However due to its wear-and-tear and the increased operation of TPA; it has recently
outgrown the intended capacity. Often times some of the commercial vessels currently
registered with TPA have to dry-dock in the neighboring countries, an exercise which is not
only costly but also causes inconvenience to customers.
To mitigate the aforementioned problems including minimising loss of revenue andenhance services, TPA has plans to procure a floating dock and rehabilitate the existing
workshop.
E. Safety and security
Safety of maritime transport is paramount in smooth operations of the maritime sector.
Issues of safety are addressed in the Merchant Shipping Act, 2003. SUMATRA has the duty tooversee maritime safety issues in Tanzania.
Although accidents are inescapable but could be reduced by taking proper safety measures.
There are 2 (two) recent notable maritime accidents within Tanzanian waters that have claimed
a number of lives. On 10th September 2011, MV Spice Islander I a ferry which was operating
between Unguja and Pemba, sank off the coast of Zanzibar. She was carrying over 2,000
passengers, 619 passengers were rescued, and over 1,500 lives were claimed whereby only 203
bodies were recovered. It was the worst maritime disaster in Tanzanian history.
In July 18, 2012 MV Skagit capsized in rough seas while in ferry service from Dar es
Salaam to Unguja. The ferry had 447 passengers on board; at least 154 were rescued while 81
reported dead and 212 were missing until the end of rescue operations and presumed drowned.
Dar es Salaam Maritime Rescue Co-ordination Center (MRCC) which was commissioned
by IMO in 2009 for Maritime Search and Rescue still has minimal capability and its limitation islack of necessary equipment to maintain the services.
Moreover, the application of IMO model safety regulations for inland waterways vessels andnon-convention craft including fishing vessels operating in Africa adopted in 2001 and agreed bymost countries in the region including Tanzania has been very useful in upgrading safety as wellas pollution prevention standards.
Matters of maritime security are a concern not only in Tanzania but also all around theworld. In Eastern Africa issue of maritime piracy are not new and there are ongoing individual
as well as collective efforts to eliminate piracy at sea. The Ministry of Defense and National
Service (through NAVY) and (Police Marine) under the Ministry of Home Affairs they are
working together with the Ministry of Transport (through SUMATRA) to ensure the protection of
Tanzanian waters as well as ships plying within the vicinity. So far, cases of marine piracy andarmed robbery in East Africa have declined.

8. Marine environment protection and preservation

Tanzania is party to the United Nations Convention on the Law of the Sea 1982. Provisionsof the Convention are incorporated in the Merchant Shipping Act, 2003 for the purposes of
implementation. The Ministry of Transport (through SUMATRA) and the Vice Presidents' Office236

Country Report(through NEMC) work together to ensure the protection and preservation of marine environment.
Exploration and exploitation of natural resources like natural gas and oil within Tanzania
waters bring a challenge to the protection and preservation of marine environment in Tanzania.
Appropriate policy and legislations could save marine environment through proper application of
the same.

9. Registration of ships

SUMATRA responsibility to Tanzania mainland among others is ships registration while

in Zanzibar, the Tanzania Zanzibar International Register of Shipping (TZIRS) is the body
responsible for register of ships under the Tanzanian flag. (Ref. Annex no. VII)
Ships registered in Tanzania are of small GRT and as of July 2013 available data present a
total of 56 registered ships by SUMATRA with a total registered tonnage of 9968.36.

10. Seafarers and Maritime Education and Training

Tanzania has a number of seafarers trained within and outside the country. Dar es

Salaam Maritime Institute (DMI) located in Dar es Salaam Tanzania is a center of excellencein East Africa. DMI offers education and training of seafarers in accordance with relevant IMO
Convention.
There are a number of competent Tanzanian seafarers working ashore as well as at sea,
within and outside Tanzania. Such competent seafarers contribute much in safety of navigation.

11. Non – Seafarers Maritime Education and Training

Alongside with DMI there is a National Institute of Transport (NIT) and Bandari College

that offer maritime courses as well. NIT reports to the Ministry of Transport while Bandari
College is owned and run by the Tanzania Ports Authority (TPA), the later was established as port
training center to serve for its employees’ however since 2010 the institute offers training to otherstakeholders in the port community as well. NIT runs various transport courses but also as it isfor Bandari College, the institute runs comprehensive Ports and Shipping management and also
Marine Engineering courses to a post graduate level.

12. Maritime Organization and WMU Graduates distribution

Tanzania focal point to IMO is SUMATRA which coordinates and represents the country inall maritime issues.
There are over 68 Tanzanian nationals who have graduated from WMU but the absence ofproper data base has made it impossible to gather information for all graduates. (Refer Annex
VII)
Currently, WMU Sasakawa fellows are working at Dar es Salaam Port, Tanzania; Dar es
Salaam Maritime Institute, Tanzania; and Tanzania Navy. (Refer Annex I).
There is no formally prescribed procedure for WMU candidates’ selection process. However,individual institutions manage the procedure in accordance to their own relevant policies.
Foreign countries support
Tanzania being a developing country depends much from foreign countries support in237

Country Report

the Maritime field development. Leading foreign countries supporters include; China, Sweden,
Denmark, Norway, Netherlands, Japan, Australia and Egypt

13. Relationship with Japan in the Maritime Field

The Government of Japan and through its agency including Official Development Assistance(ODA), Japan Development Institute (JDI), Japan Bank for International (JBIC) and Japan
International Cooperation Agency (JICA) has been one of the principal supporters in providing
technical and other maritime education to Tanzanians, in the fields of port planning, port
operations, shipping and port infrastructure development.
Notable current projects under the agreement of the Japanese support are:
 Improving and expanding of the port of Dar es Salaam as well as Mtwara port
 Acquiring of a Floating dock for Dar Es Salaam Port dry docking

14. Maritime Organisation and WMU Graduates distribution

Tanzania focal point to IMO is SUMATRA which coordinates and represents the country inall maritime issues.
There are over 68 Tanzanian nationals who have graduated from WMU but the absence of``proper data base has made it impossible to gather information for all graduates. (Refer Annex
VII)
Currently, WMU Sasakawa fellows are working at Dar es Salaam Port, Tanzania; Dar es
Salaam Maritime Institute, Tanzania; and Tanzania Navy. (Refer Annex I)
There is no formally prescribed procedure for WMU candidates’ selection process. However,individual institutions manage the procedure in accordance to their own relevant policies.
Tanzania focal point to IMO is SUMATRA which coordinates and represents the country inall maritime issues.

15. Comments

With effective administration and commitment in the implementation of relevant

legislations, maritime industry in Tanzania could be improved for the benefit of the economy of thecountry. Nevertheless, there are challenges in the implementation of legislations as the country isin shortage of maritime professionals to effectively perform duties in the maritime sector. Amongother things, there is lack of funds for effective execution of some services like search and rescue.
Also, there is a need to establish a comprehensive maritime policy to demonstrate proper course
for the industry.

Prepared by:
Stella Joshua Katondo
PM (2001)

238

Country Report

Annex no. 1
Maritime Administrative Organisation and Sasakawa Fellows Positions

239

Country Report

Annex no. II
Abbreviations
A & HRM Division-

Administration and Human Resources Management DivisionBC-

Bandari College

DMI-

Dar es Salaam Maritime Institute

GRT-

Gross Registered Tonnage

JBIC

-

Japan Bank for International Cooperation 			

JDI-

Japan Development Institute

JICA

-

Japan International Cooperation Agency

MoD & NS-

Ministry of Defense and National Service

MoHA

-

Ministry of Home Affairs

MoID

-

Ministry of Infrastructure Development

MoT-

Ministry of Transport

MSCL

-

Marine Services Company Limited

NIT-

National Institute of Transport

ODA-

Official Development AssistancePM-

Permanent Secretary

P & P Division-

Policy and Planning Division

SINOTASHIP-

China-Tanzanian Joint Shipping Company

SUMATRA-

Surface and Marine Transport Regulatory Authority

T I Division-

Transport Infrastructure Division

TPA-

Tanzania Ports Authority

T S Division-

Transport Services Division

T S & E Division-

Transport Safety and Environment Division

TZIRS

-

Tanzania Zanzibar International Register of Shipping

ZMA-

Zanzibar Maritime Authority

ZPC-

Zanzibar Ports Corporation

Annex no. III
Annual Growth rates of total GDP

Source: www.cia.gov/library/publications/the-world-factbook

240

Country Report

Annex no. IV
Shipping Traffic at Major Ports
DAR ES SALAAMTANGAMTWARATO TAL

2008/09 2009/10 2010/11 2011/12 2008/09 2009/10 2010/11 2011/12 2008/09 2009/10 2010/11 2011/12 2008/09 2009/10 2010/11 2011/12
1. DEEP SEA SHIPS:(a). Dry General Cargo Vessels
Number of Calls

369

352

318

342

96

99

76

2

17

16

30

34

482

467

424

378

GRT ('000)

10,512

10,586

10,573

12,201

505

1,312

1,158

29

212

249

229

256

11,22912,147

11,96012,486(b). Container Vessels
Number of Calls

384

346

467

419

93

28

384

346

467

540

GRT ('000)

5,478

6,433

9,486

8,610

1,445

398

5,478

6,433

9,486

10,453(b). Tanke rs
Number of Calls

122

102

124

120

2

2

1

2

124

104

125

122

GRT ('000)

2,973

2,698

3,240

3,015

28

25

4

59

3,001

2,723

3,244

3,074

Sub-Total -ship call

875

800

909

881

98

101

77

97

17

16

30

62

990

917

1,016

1,040

GRT

18,963

19,71723,29923,826

533

1,337

1,162

1,533

212

249

229

654

19,70821,303

24,69026,013

2. CO ASTAL SHIPS:(a). Dry Cargo
Number of Calls

237

536

482

75

125

69

115

27

26

26

48

339

151

631

645

GRT ('000)

34

163

136

35

79

24

35

13

10

10

43

82

89

197

214

(b). Tanke rs
Number of Calls

27

51

65

64

-

-

1

-

4

1

28

51

69

65

GRT ('000)

74

224

248

256

-

-

4

-

2

0.212

78

224

250

256

Sub-Total -ship call

264

51

601

546

75

125

69

115

28

26

30

49

367

202

700

710

GRT

108

224

411

392

35

79

24

35

17

10

12

43

160

313

447

470

Grand- Total -ship calls

1,139

851

1,510

1,427

173

226

146

212

45

42

60

111

1,357

1,119

1,716

1,750

GRT

19,071

19,941

23,71024,218

568

1,416

1,186

1,568

229

259

241

697

19,86821,61625,137

26,483

Source: TPA Annual Statistical Reports

Annex no. V
SUMMARY OF CARGO TRAFFIC HANDLED AT TPA PORTS IN 000’ TONNES

YEAR

MAJOR SEAPORTS
DAR ESSALAAMTANGA
MTWARA

MINOR SEA PORTS

MAJOR LAKE PORTS
ALL PORTS

KILWA

LINDI

MAFIA

MWANZAKIGOMA

KYELA

2008/097,795,044

417,313122,069

3,197

19,687

13,681

542,612141,144

10,6109,065,357

2009/10

8,552,061

427,337

84,354

4,766

3,102

16,790522,825

76,52917,8699,705,633

2010/119,919,910

499,621214,039

2,634

1,758

6,634

486,001

102,150

15,071

11,247,818

2011/12

10,856,757

644,355

235,076

23,170

2,030

7,145

210,284

73,253

21,931

12,074,001

2012/13
GRAND
TOTAL

12,530,675

457,537

203,644

14,2132,260

32,675360,891

82,01029,614

13,713,519

49,654,447

2,446,163

859,182

47,98028,83776,925

2,122,613

475,086

95,09555,806,328

Source: TPA Annual Report & Accounts for the year ended 30th June 2009

Annex no. VI
Passenger Traffic for Major ports from year 2007/08 to 2011/12
MAJOR SEA PORTS

LAKE PORTSTOTALDAR ES SALAAMYEAREMBARKTANGA

MWANZADISDISEMBARK EMBARK EMBARKEMBARKDISEMBARKKIGOMAKYELADISEMBARK EMBARKDISEMBARK EMBARKEMBARKDISEMBARK

2007/08352,297

380,270

4,790

7,985

459,377

443,380

11,861

10,814

7,696

5,121

833,818

845,686

2008/09311,454

317,963

7,985

10,671

434,767

434,767

11,861

10,814

9,425

5,059

775,492

779,274

2009/10

489,083

403,382

8,388

8,282

409,865

409,865

11,033

8,593

8,263

4,344

926,632

834,466

2010/11472,226

536,505

11,076

12,211

296,661

296,681

11,509

9,524

5,624

4,289

797,096859,210

2011/12
GRAND
TOTAL

666,046

676,829

5,732

7,015

262,116

262,341

13,121

11,945

5,774

2,560

952,789

960,690

2,291,106

2,314,949

37,971

46,164

1,862,786

1,847,034

59,38551,69036,782

21,373

4,285,827

4,279,326

Source: TPA Annual Statistical Reports

241Country Report

Annex no VII
Tanzania Zanzibar Fleet as of 4th Oct 2013
No. of Ships

GRT

Domestic fleets

94

56993.92

International fleets

157

585141.42

Total

251

642135.34(Source: ZMA)

Annex no. VIII
UNITED REPUBLIC OF TANZANIAWORLD MARITIME UNIVERSITY GRADUATESNON SASAKAWA FELLOWS
S/NO.

NAME

YEAR OFGRADUATIONREMARKS

1.

Daniel S. O. Kisa

1984

2.

Zacharia Gabriel Mori

1985

3.

Che Chihwalo Julius G. Ndalama

1985

4.

Abraham Samuel Massawe

1985

5.

Capt. Gilbert Luka Mokiwa

1987

Retired TPA

6.

Josephat Shanta Natianota

7.

Justus R. B. Blazi

1988

MoID

8.

Abdi Omar Maalim

1989

9.

Richard Daud Nzowa

1989

10.

David Raphael Matengula Lwimbo

1990

11.

Abdulla S. Lutavi

1990

12.

Abdulah Hussein Kombo

1990

13.

Joachim Emmanuel Chipa

1993

14.

Ulimbakisya F. S. Kamola

1993

15.

Onael Ezekiel Mdobilu

1993

16.

Theresia B. Kisenga

1994

17.

Peter Arthur Lupatu

1994

18.

Hamza Makame Omar

1995

19,

Verdiana Nkwabi Macha

1995

20.

Abullah Juma Abdullah

1995

21.

Lucas Ndewonaona Saronga

1996

22.

Hamad Mbarouk Mbarouk

1996

23.

Elizabeth Serf Chingalame

1997

National Institute of Transport (NIT)24.

Alli Mohamed Ndagula Mkango

1997

Tanzania Ports Authority (TPA)

25.

King Kurwijira Ngabho Chiragi

1997

Surface and Marine Transport Regulatory
Authority (SUMATRA)

26.

Thomas Justine Mayagilo

1997Retired DMI

242

Retired - Tanzania Ports Authority (TPA)

Retired TPA

Deceased

Surface and Marine Transport Regulatory
Authority (SUMATRA)Country Report

S/NO.

NAME

YEAR OFGRADUATIONREMARKS27.

Mkakili Fauster Ngowi

1997

MoT

28.

Charles A. S. Msigwa

1998

29.

Alhaj Masoud Sururu

1998

30.

Farida Idrisa

1998

31.

Modest William Kakusa

1999

Tanzania Ports Authority (TPA) - To retire
Jan. 201432.

Gerson Japhet Fumbuka

1999

East African Community (EAC)

33.

Nelly Kyejo Mtaki

2000

National Institute of Transport (NIT)34.

Pilly N. B. Saidi

2000

Food & Agriculture Organisation (FAO) –Tanzania

35.

Mussa Mandia

2000

36.

S. G. I. Tumpe Mwaijande

2000

MoT

37.

John Kusirieli Moshi

2000

Deceased - Oct. 201338.

Hebel Mhanga

2001

Tanzania Ports Authority (TPA)

39.

Abdulla M. Abdullah

2001

40.

Deatus R. Kahindi

2002

Tanzania Ports Authority (TPA)

41.

Aisha Chanyika

2002

Tanzania Ports Authority (TPA)

42.

Reginold George

2002

World Logistics Company Ltd

43.

Emmanuel Ndomba

2002

Maritime Alliance44.

Fatuma Iddi Masasi

2003

Tanzania Ports Authority (TPA)45.

Dolores Pius Ng’wandu

2003

SUMATRA46.

Lucy Kachele

2003

Deceased

47.

Jovin J. Mwemezi

2006

East African Community (EAC)243

List of Participants

List of Participants
Country

1

Cameroon

Year of
Graduation

Gender2012

Ms. Jenette
Tifuh MUJINGNICHOSpecialization

Organization / Department / Title

MSEA

Ministry of Transport
Department of Maritime Affairs andInland Waterways
Senior Staff

MLP

Ministry of Transports
General Directorate of Port andMaritime Affairs
Research Analyst

SM

Logistics and Shipping Service P.L.C
Managing Director Office
Managing Director

2

Cote dlvoire

2009

Mr. Lazare
Aké
ABE

3

Ethiopia

2007

Mr. Feseha
Andualem
GETU

PMRegional Maritime University
Port and Shipping Department/
Academic
Lecturer

MET

Regional Maritime University Ghana
Nautical Studies
Senior Lecturer

4

Ghana

2001

Ms. Felicity
Aba
Ankoma-Sey

5

Ghana

2002

Ms. Catherine
HAIZELPM

Ghana Ports and Harbours Authority
Marketing and Public Relations
SNR Marketing and Public Relations
Officer

MSEA

Regional Coordinator for West andCentral Africa

6

Ghana

2008

Ms. Nana Esi
QUANSAHSÖDERBERG

7

Ghana

2011

Mr. Dallas EricLARYEA

MLP

Ministry of Fisheries & Aquaculture
Dev.
Fisheries Commission
Fisheries Officer"

MET

Kenya Ferry Services Ltd.
Managing Director

8

Ghana

2012

Mr. Alexander
ADU-ANTWI

9

Kenya

2000

Mr. Musa
Hassan MUSA

10

Kenya

2001

Mr. Kennedy
KISHAWI

METTechnical University of Mombasa,
Kenya
Mechanical & Automotive
Engineering, Marine Engineering
Section Tutorial Fellow

11

Kenya

2002

Mr. Stephen
MwamureTOYAMSEPKenya Ports Authority
Marine Engineering / Projects
Principal Marine Engineer (Projects)

2003

Mr. Samwel
Kipkosgei
KIPTOOPM

Kenya Ports Authority
Conventional Cargo
Senior Operations Officer (MIS &
STAT)

12

244

Kenya

List of Participants
Country

13

Liberia

14 Madagascar

Year of
Graduation

Gender2000

Mr. Amos
LasannahZANWONJAH

2010

Mr. JeanEdmondRANDRIANANTENAINA

Specialization

Organization / Department / Title

PM

Montgomery Environmental Services,
Inc.
Administration
President/CEO

MLP

Ministry of Transports
Ports, Maritime and Waterways
AgencyAdvisor and Assistant of the Director
GeneralSPM

Ministry of Transport
Marine Department- Ports
Management
Chief Ports Engineering Officer

MA

University of Calabar
Oceanolography
Chief Technologist

15

Malawi2012

Mr. Joseph
Sheketeni
BANDA

16

Nigeria

2004

Mr. Jack
Okon
SHOWELL

PM

Nigerian Maritime Administrationand Safety Agency (NIMASA).
Marine Environmental Management
Senior Marine Environmental
Management Officer

17

Nigeria

2008

Mr. Yusuf
MohammadBALA

18

Nigeria

2011

Mr. Geoffrey
Gurumyen
SEMNOE

MLP

National Assembly Nigeria
Marine Transport Committee
Senior Legislative Aide

19

Tanzania

2001

Ms. Stella
JoshuaKATONDOPM

Tanzania Ports Authority
Operations Department
Principal Operations Officer

20

Tanzania

2007

Ms. Tumaini
Shabani
GURUMOMLP

Dar Es Salaam Maritime InstituteMaritime Transport Department
Lecturer

MLP

Tazania Peoples Defence Force(TPDF)
Law Department
Legal Officer

21

Tanzania

2008

Mr. Hassan
Mrisho
KHERI

22

U.K.

LecturerMr. Osamu
MARUMOTO

International Maritime Organization
Counter-Piracy Project Implementation Unit
Project Officer (Operation & Capacity Building)

23

Japan

Lecturer

Mr. Toshio
HIKIMA

Marine Technical College
Principal

24

Japan

Secretariat

Mr. Eisuke
KUDO

Ocean Policy Research Foundation
Special Adviser

25

Japan

Secretariat

Mr. Shinichi
ICHIKAWA

Ocean Policy Research Foundation
Maritime Technology Department, Maritime Affairs Div.
Section Chief

245

WMU Sasakawa Fellows’ Network Meeting in the African Region
Ocean Policy Research Foundation

Toranomon 35 Mori Bldg., 3-4-10, Toranomon, Minato-Ku, Tokyo 105-0001, Japan
TEL : +81-3-5404-6843
FAX : +81-3-5404-6800
E-mail : wmujapan@sof.or.jp
URL : http://www.wmu.sof.or.jp

Chairman Yoshio KON
Editing
Friends of WMU, Japan Secretariat
Copyright © Ocean Policy Research Foundation 2014
All rights reserved. No part of this publication may be used or reproduced by any means without thePermission of the publisher.
ISBN 978-4-88404-314-8