Safety and security challenges in the shipping industry

Qualified experts must be engaged to conduct comprehensive security surveys in each port, which will enable the officials involved in the contingency plan to embark on it having realised the hazards/threats posed in each case. This is imperative

By Nihal De Alwis  

My experience in the field of industrial security from 1976, after my stint in the Police and the Intelligence Division, includes my exposure to aviation as Head of Security to KLM Royal Dutch Airlines and several other airlines like British Airways and AOM French Airlines (all in Colombo), Sri Lanka Insurance Corporation (the only insurance organisation at the time), Ceylon Cold Stores (The largest food company at the time), Browns Group of Companies (including 17 in the group), and as Chairman/Managing Director Of Security Consultants & Investigators International Ltd., is the justification which influenced me to write this article. 

I gained experience and exposure from several security surveys we conducted as a team with experienced professionals, including the South Asia Gateway Terminal (SAGT) in 2006. Some of the several surveys include: (1) Bandaranaike International Airport, Katunayake (for Sri Lankan Airlines), (2) Milco Factories, (3) Colombo Stock Exchange, (4) General Hospital Colombo and (5) Colombo Swimming Club. Among many professionals involved were Rtd. Senior DIG Police Edward Gunawardana, a former Director of Intelligence, BA (Ceylon), Fulbright Scholar, and former Director Operations Associated Newspapers of Ceylon; Founder President of ISF Inc. and FISF Premananda Atapattu; Rtd. Senior Superintendent of Police – former Director CID Technical Branches, trained in Scotland Yard, Director Operations Security Consultants and Investigators Intl Ltd., Lt. Col. Pinsith Algama (Rtd.); and former Head of Security Sri Lanka Ports Authority – FISF, Wg. Cdr. C.A.O. Dirckze (Rtd.) FISF, (FI Fire E-UK) (a much sought-after expert on fire prevention by corporate entities, not excluding the Colombo Fire Brigade).

Main objective

I will not attempt to analyse and advise those concerned with regard to the X-Press Pearl ship catastrophe, but will only cite the relevant authorities and professional guidelines provided internationally in ensuring the safety and security of passengers, crew, goods, environment, and finally the ship, to those unaware of them. 

Perhaps if all concerned adhered to these guidelines provided, for example in the International Maritime Organization (IMO), an international organisation and branch of the UN; International Ship and Port Facility Security Code; International Convention For The Safety of Life at Sea (SOLAS-1974), and complied as stipulated in Sri Lanka with the Sri Lanka Ports Authority Act (and its amendments) and the Maritime Environment Protection Authority (MEPA) Act, then security and the environment could be in safe hands. 

There are certain procedures and systems the shippers, shipping agents, ports and authorised officials, captain of the ship, etc. have to comply with, else the purpose of these guidelines provided, for international and local authorities are defeated.

1. International Maritime Organization (IMO)

Arising from the Titanic disaster, the IMO was established in 1958. Its first meeting was convened in 1959 by the UN in the United Kingdom. If the conventions created by the IMO are not complied with by respective governments, the IMO has not adopted counter measures to compel them to enforce them but leaves it to the respective governments to enact laws to suit the countries concerned whilst complying with the required conventions adopted by the IMO on behalf of the UN. But it is learnt that the IMO has adopted an audit system, which requires all such countries to comply with. The IMO also provides a feedback system. Have we in Sri Lanka followed these conventions and their decisions and taken appropriate action to ensure their implementation?

The main objective of the IMO is to create a “safe, secure shipping on a clean ocean”. It is an agency tasked with the improving security and safety of international shipping. One of its key duties is to devise strategic measures to keep the water way clean from pollution, mainly from ships. The IMO rules, without question, must be implemented by member governments – and it becomes national law when enacted by its member nations. Regrettably some governments, including ours, do not have persons of navigational experience or knowledge, or fundamental knowledge of Admiralty Law etc., as in the case of ministers assigned the task of administering shipping.

The IMO has three core conventions, namely (a) International Convention for the Safety of Life at Sea, (b) The International Convention for the Prevention of Pollution from Ships and (c) The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.

At present, 174 Governments are members and are responsible for its implementation. The IMO is, it is learnt, governed by several committees: (a) wages, (b) developing, (c) overhauling plans, guidelines, technical cooperation on maritime safety and maintenance, (d) legal, and (e) facilitation. 

2. International Ship & Port Facility Security Code and amendments of 2002 – ISPS code

The main aim of the ISPS code is:

(a) To monitor the activity of people and cargo operations

(b) To detect the different security threats on board the vessel, and implement various measures as per situation

(c) To provide a ‘security level’ to the ship and derive various duties and functions at different security levels

(d) To establish the respective roles and responsibilities of the contracting governments, agencies, local administrators, and the shipping and port industries

(e) To build and implement rules and responsibilities for port State officials and on-board officers, and to tackle maritime security threats at international level

(f) To collect data from all over the maritime industry, concerning security threats, and implementing ways to tackle the same

(g) To ensure the exchange of collected security and related information and data with the worldwide port and ship-owners network.

(h) To provide methodology for security assessment, so as to have in place plans and procedures to react to security levels

(i) To find the shortcomings in the ships and port security plan and take measures to improve them

International Convention for the Safety of Life at Sea (SOLAS1974)

This was adopted in 1974. The SOLAS had been adopted in stages according to records. It is said that the first version was adopted in 1914 – in response to the Titanic disaster – the second in 1929, the third in 1948 and the fourth in 1960. As a result, the 1974 convention had been adopted with various changes at varying times. It speaks of general provisions. Chapter 1.1: Construction/machinery/electrical, etc. 

Chapter 1.1-2: Fire protection 

Chapter 1.1-1: Lifesaving appliances

Chapter 4: Radio communication

Chapter 5: Safety of navigation

Chapter 6: On carriage of cargo

Chapter 7: Carriage of dangerous goods 

Chapter 8: Nuclear ships 

Chapter 9: Management for the safe operation of ships 

Chapter 10: Safety measures of the high-speed craft 

Chapter 11: Special measures to enhance maritime safety, and special measures to enhance maritime security

Chapter 12: Additional safety measures for bulk carriers 

Chapter 13: Verification of compliance 

Chapter 15: Safety measures for ships operating in polar waters

The IPS code meaning for ships is of primary importance as ships are vulnerable to security threats, as they hardly carry any weapons and are prone to terrorist attacks. The administration is responsible for constantly upgrading the security plan, in accordance with the threat.

Other acts pertaining to shipping and ports promulgated in Sri Lanka include the:

Marine Pollution & Prevention Act 35 of 2008, Port Authority Act 51 of 1979, Merchant and Shipping Act 52 of 1971, and the Port Admiralty Act no. 40 of 1983.

Proactive measures

Arising out of a lack of preparedness in Sri Lanka, it is quite evident that we as Sri Lankans never plan and prepare and are always unprepared for contingencies – as we could see from the various incidents the country has faced in terms of marine disasters, floods, the tsunami, earthquakes, cyclones, earth-slips, the COVID-19 pandemic, dengue, many infectious diseases, accidents, riots, militant demonstrations, sabotage, pirating, hijacking, kidnapping, abduction, and, last but not the least, terrorism. 

The Government has very mildly made attempts by creating ‘Disaster Management Squads’ in this country, but all that we can see is that they are not pro-active, and only adopt a policy of ‘wait and see’. Have these squads acted with authority to evacuate people, families, even during normal disasters, from places where they are prone, for example during earth slips, etc.? And then after lives are lost, they keep looking for them and attempt to accommodate them in schools and temples, etc. 

Therefore, time is opportune for them to anticipate and demarcate places to accommodate them with the least inconvenience, providing them with mobile toilets etc. If community centres are established in every district, ones which contain toilets and other facilities, they can be easily converted to accommodate them. 

In these instances, too, it is imperative that these squads realise that the public must be associated with them who know the terrain, and the fishermen should have been fully involved in the recent marine pollution recovery exercises conducted by the Navy and some SLAF personnel. 

These squads must be decentralised and if they are to act swiftly. Judging from the Xpress Pearl incident, it is quite evident that the ports authorities were not geared to face such disasters, sans equipment, proper facilities and training. How the fire brigade of the port tried to extinguish a fire with water was very evident of either a lack of knowledge, negligence or lack of facilities, as they tried to delouse a fire caused by chemicals with water and not dry chemical. 

Further, as expressed to the media by veterans in this industry like Rohan Masakorala, we should have been prepared having registered ourselves with Singapore Port or DXB to face such situations, in order to seek their assistance as they are geared to tackle such incidents. This instance was certainly a poor decision when we were not adequately equipped for such eventualities. 

This clearly shows that there is a lack of commitment by the officials concerned, who know the inadequacies which prevail in the port, and the absence of a proper monitoring system. At least now have we taken steps to rectify it? What happens if such an incident occurs in Hambantota, Trincomalee or Galle? It is in this context I wish to recommend that contingency plans should be implemented without delay in all ports. 

I would like to recommend the basic systems be put in place and to review these measures regularly to ensure that ‘practice makes perfect’. Even the ‘tugs’ were not capable of towing the ship away from the port, which shows that we are poorly equipped to handle such situations.

Security surveys

Qualified experts must be engaged to conduct comprehensive security surveys in each port, which will enable the officials involved in the contingency plan to embark on it having realised the hazards/threats posed in each case. This is imperative. In addition, it will ensure the type of equipment and training required to counter different contingencies.

Port risk assessment 

Port risk assessment is a pre-requisite, as enumerated in the security survey.

This is an act of identifying possible risks carefully, how likely they are to occur, and taking responsibility for the safety of the whole port’s people, crew, property and environment. To conduct a risk assessment and a security survey, it is essential to have the following information:

(a) Hazard/threat – it can be defined as any source of potential damage, harm, or adverse effects affecting the people, property and environment. Hazards can be found in countless objects, substances, materials, processes, vehicles, storage, or poor packing, in any setting. Hazard has the potential to cause accidents or disasters, consequent to neglect, indifference or carelessness, and can be man-made, like piracy, improper maintenance of the ship or its equipment, lack of vigilance, accidents, terrorism, indiscipline by the crew, violence of sorts, cyclones, poor weather conditions, tsunamis, earthquakes, attack by whales etc. 

Contingency plan (guidelines)

1. Purpose: It is an act of preparedness by marine agencies, along with a checklist and spelling out the appropriate action those involved should follow.

2. Plan: A model plan must be prepared, and all concerned made aware of it, but it must be regularly updated.

3. Annexure: Should include – a standby team, early warning indicators, sector planning, example of a plan, design for training and the port administration will have a part to play.

4. Preparation: This is of utmost importance, as each one will know what part they have to play in an emergency or else they will run in a disorganised manner detrimental to the plan.

5. Purpose: What is an emergency? It can be defined as follows – “any situation in which the life or protection, assets, ships, environment, are threatened, unless immediate, and appropriate action is taken which demands an extraordinary response and exceptional measures.

6. Why contingency planning is important: It is a pre-requisite for an effective emergency response, like (a) planning, (b) availability of standby resources – finance, humans and material, and (c) a mechanism for rapid decision making, all of which are interdependent.

7. What are contingencies, and when must a contingency plan begin? For such a plan, a basic risk/threat assessment with Intelligence gathering should be adequate, along with constant observation, data collation, analysis, and dissemination.

Understanding a planning concept

Planning comprises the following steps: On a day-to-day basis (a) situation assessment, objective setting, implementation of options, feasibility testing, implementation, monitoring and evaluation, and adjusting objectives. Planning is not simply theory but a prerequisite for ‘action’.

Planning for a contingency is planning in a state of uncertainty. One must make assumptions and develop scenarios upon which planning is based. In operations planning one observes a tangible situation and responds to it. Finally, a contingency plan must be created by those directly involved in the activities, in this instance, the port staff, public (visitors), the ship crew, fire brigade, police, medical staff, administration staff, engineering, maintenance, those who are involved in fishing close to the port and other allied staff/organisations.

Are the ports in Sri Lanka ready to face any eventualities? Are we waiting for another incident and then only deciding to proceed?

It is of paramount importance that all concerned in the ‘day-to-day’ activities are fully involved and it is they who will know how to handle a situation and guide those drafting the plan, as they will know to envisage situations in accordance with time, place, how and where, and know where the equipment required are positioned as in the case of a fire etc., are concerned.

Investigation

Is Sri Lanka adequately geared to conduct a proper investigation or are we waiting to seek outside countries to perform it? Time is opportune for the Police department to have a special unit to be trained in such special investigations, along with the Merchant Navy/Sri Lankan Navy. What experience does our CID have in such investigations or even in aviation matters? None. The Government should initiate steps to obtain training of Police officers, including the port Police, and train in such cases without further delay. A comprehensive training in such matters could be obtained from the Netherlands, or even Japan, who possess some of the best navies and possess some of the best expertise in the world. From a security point of view, they will not have any ulterior motives whilst providing and guiding us, as they do not have any special interest in our country but have always shown empathy. 

These guidelines can be included as incident investigation initiation, data gathering, data analysis, root cause determination, a complete analysis to ascertain the causes and its effects etc. No doubt an audit should also be carried out to ascertain more details as to obtain detail errors in management training, inadequacies, etc.

An investigation into this requires special squads, research organisations like NARA, government analysts, and environmental experts, who have adequate knowledge of the laws that are concerned, surveyors appointed by the Admiralty Court, and persons of repute who can provide accurate reports with regard to the losses caused to the country in terms of life, environment, trade, fishing, tourism and other allied losses, which can be more severe than what politicians evaluate. 

If we are engaging their services, we have to be cautious not to engage countries that like to have a stake in our country but consider countries like Japan or the Netherlands. Without a comprehensive a detailed investigation by competent officials and an accurate analysis of the loss caused, Sri Lanka is not in a position to make claims to adequately compensate this country for the irreparable loss caused. 

How can an investigation be concluded without adequate and conclusive evidence, and until this ship is removed and the analysts have submitted their reports? We do not have to bargain with insurance companies, but we must be adequately equipped with evidence from all aspects – supported by experts, entitled to and recognised in a court of law – to convince any court of law that the loss is not due to the negligence of Sri Lankans, but due to the ship captain and crew, the owner and the agent.

Damage recovery squad/cost evaluation

A team of experts from the Merchant Navy, Sri Lankan Navy, shipping companies, Ports Authority and allied companies, NARA, environmentalists, legal advisers, geologists, divers, surveyors recognised by Admiralty Courts, auditors, Police, a representative of the AG’s department, and other suitable or knowledgeable competent experts, is needed. Within 24 hours this team should get into action. They have to be legally empowered. The Minister of Shipping should ensure this. 

Conclusion

Time is catching up with a country suffering from a severe economic crisis. The poor fishermen are helpless with this incident affecting the environment, along with tourism and the livelihoods of many. When one appoints incompetent and corrupt politicians sans knowledge, who are like ‘square pegs in round holes’ can we expect better progress? At least let us think of the future and act fast.

(The writer, FISF, Graduate of the Institute of International security – UK, is a Past President of the Industrial Security Foundation of Sri Lanka)