IMO warns govt. to urgently clear 17 pending SROs
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KARACHI: International Maritime Organisation (IMO) urged government of Pakistan to get approval of SROs pending with Ministry of Maritime Affairs (MOMA), Directorate General of Ports and Shipping and Law and Justice Division as early as possible. It was hampering Transportation of International Conventions/Treaties into National Law, sources said.
During internal audit by IMO it was observed that 6 SROs have been notified and 17 SROs were pending in different forums for approval. Five SROs were pending as they were returned by Cabinet Division for approval of new Minister for Maritime Affairs. Nine SROs were pending with MOMA, Draft Summary for CCLC submitted for approval of Secretary, MA and Minister for Maritime Affairs. Two SROs were pending in DG P&S for revisiting as per observations of Law and Justice Division. One SRO was pending in Law and Justice Division.
Under general provisions of treaty law and of IMO Conventions, states should be responsible for promulgating laws and regulations and for taking all other steps which may be necessary to give those instruments full and complete effect so as to ensure safety of life at sea and protection of marine environment.
According to IMO III-Code, when new or amended instrument of Organisation enters into force for state, government of that state should be in position to implement and enforce its provisions through appropriate national legislation and to provide necessary implementation and enforcement infrastructure. This means that government of state should have ability to promulgate laws, which permit effective jurisdiction and control in administrative, technical and social matters over ships flying its flag and in particular, provide legal basis for general requirements for registries, inspection of ships, safety and pollution prevention laws applying to such ships and making of associated regulations.
It provides legal basis for enforcement of its national laws and regulations including associated investigative and penal processes and availability of sufficient personnel with maritime expertise to assist in promulgation of necessary national laws and to discharge all responsibilities of state, including reporting as required by respective conventions.
Published in The Daily National Courier, January, 10 2024
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