KARACHI: Vested interests in Ministry of Defence are unduly putting pressure on Ministry of Maritime Affairs (MOMA) to delegate Merchant Shipping special powers to Pakistan Navy (PN) and Pakistan Maritime Security Agency (PMSA) officers and personnel for enforcement of laws at sea. 

Informed sources disclosed that earlier in December 2016 also such desire was expressed by these circles for authorising any person to order any vessel in navigable waters of Pakistan, to operate or anchor in such manner as he may direct. But it was rejected out rightly by relevant authorities.

According to maritime experts; for this purpose Surveyors at Mercantile Marine Department (MMD) and Directorate General of Ports and Shipping are lawfully qualified and trained as per requirements of IMO Regulations. Therefore, it is not advisable to authorise officials not to have qualifications, training and experience which may cause severe financial losses on undue delay of foreign ships. 

Under Section 562, a surveyor or any person appointed on this behalf by federal government at any reasonable time, go on board a ship for compliance with marine pollution-related obligations/restrictions under International Convention. These directions are issued for various reasons/violations that may be observed by such authorised person including environmental violations.

However, neither Pakistan Navy nor Pakistan Maritime Security Agency officers nor personnel has been authorised under this section/provision, they said.  According to Merchant Navy experts, above powers are already delegated under International Maritime Organisation to Port State Control Officers. Under these rules, PSCO should be an experienced officer qualified as a flag State Surveyor. PSCO should be able to communicate in English with key crew. Training should be provided for PSCOs to give necessary knowledge of provisions of relevant conventions which are relevant to conduct of port State control taking into account latest IMO Model Courses for port state control.     PSCOs carrying out inspections of operational requirements should be qualified as a Master or Chief Engineer and have appropriate seagoing experience, or have qualifications from an institution recognised by administration in a maritime-related and have specialised training to ensure adequate competence and skill, or be a qualified officer of Administration with an equivalent level of experience and training for performing inspectors of relevant operational requirements.

Under international maritime laws any coastal state has power to detain or arrest a foreign ship in their water under provisions of various IMO/ILO and UN conventions like SUA, SOLAS, MARPOL, STCW, LOADLINE, MLC 2006, and UNCLOS. IMO conventions are generally for safety of ships and pollution prevention and UNCLOS for illegal or criminal activities. For IMO conventions IMO gives power to coastal states to board and inspect vessel for unsafe/unseaworthy and for purpose of pollution prevention. In IMO convention these inspections are called “PORT STATE INSPECTIONS” which should be carried out by “Port State Control Inspectors”. 

Published in The Daily National Courier, August, 25 2022

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