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Editors --- "In Brief" [2006] MarStudies 16; (2006) 148 Maritime Studies 26

IN BRIEF

Redefining the Limits of the Malacca Straits

The Chiefs of the Defence Forces from Malaysia, Singapore and Indonesia signed an agreement to formalise the Malacca Straits Coordinated Patrol Network on 21 April 2006. The agreement brings under one umbrella both the MALSINDO surface patrols and the Eye in the Sky (EiS) air surveillance arrangements by the littoral states to ensure the security of the straits.

A Joint Coordinating Committee has also been set up to oversee the agreement, which is expected to improve operational integration between the three security forces. The importance of the Straits, which link the Indian and Pacific Oceans through the South China Sea to world trade is well known. Vast quantities of oil, coal, iron ore and minerals are shipped to the manufacturing centres of South-east and North-east Asia, while millions of containers flow in the opposite direction to feed consumer markets all over the world. As the latest statistics show, 63,000 ships, carrying one quarter of the world’s commerce and half the world’s oil pass through the Straits of Malacca and Singapore annually.

Threats to shipping in the Malacca Straits primarily emanate from piracy and trans-national crime. Some analysts have also projected the possibility of maritime terrorism. This raises considerable global concern since any disruption to the flow of maritime traffic through this channel would seriously affect world economy. Any external military participation has long been opposed by the littoral states who consider any such move to be a violation of their sovereignty.

The Malacca Straits as a Composite System

The littorals – Indonesia, Malaysia and Singapore – have, however, initiated coordinated surface and air patrols. As a result, piracy attacks have dropped to 12 in 2005, down from 38 the previous year, as reported by the International Maritime Bureau (IMB). The ‘EiS’ air patrols that followed the MALSINDO surface patrols initiative, expanded the scope of security in the Malacca Straits. Firstly the Singapore Straits was incorporated, thus including the southern approaches. Secondly, the addition of Thailand expanded participation. The significant feature of the new agreement is the invitation to Thailand to join the joint surface patrols, ‘in order to secure the northern approaches to the Straits’. Thus the need to view the problem from a larger perspective has been recognised. The Batam Joint Statement issued after the 4th Tripartite Ministerial Meeting in August 2005 also recognised the ‘importance of engaging the states bordering the funnels leading to the Straits of Malacca and Singapore’. However, to effectively secure the northern approaches, it must be appreciated that the majority of the traffic entering or exiting the Straits of Malacca passes through the ‘Six Degree Channel’, bordered by Indonesia and India, thus inclusion of the latter country in any security arrangement is essential for its success.

Rationalising the Limits of the Straits

By definition, a strait is a passage connecting two larger bodies of water, in this context the Indian Ocean and the South China Sea. Thus logically, the Malacca Straits should be viewed in conjunction with the approaches to both these water bodies. Current perspectives on the Malacca Straits’ limits appear to be based on the International Hydrographic Organisation’s 1953 publication of S-23 entitled Limits of Oceans and Seas. This publication is published primarily for use by National Hydrographic Offices to ensure uniformity and avoid overlaps. It clearly states that ‘the limits used have no legal or political significance whatsoever’. To ensure effective security management, it is only as a composite system that any security measures would be successful. Thus, to tackle the security of the straits holistically, the eastern limits of the Singapore Straits should define one end and the ‘Six Degree Channel’ the other end of a composite Malacca Security System.

Restricting security measures to the Malacca Straits alone ignores the absence of physical boundaries in the maritime domain. The illegal non-state actors responsible for the problem being trans-national, neither recognise nor respect maritime boundaries. Mounting pressure due to enhanced security in one portion of the straits could merely compel them to relocate to safe havens in adjacent areas, whilst retaining the ability to return for attacks when they choose.

Rationalisation of the entire straits area into one composite system by including both approaches is thus essential to facilitate the adoption of comprehensive security measures. The northern portion of this composite system is large, measuring over 150 nautical miles across – too large to be monitored using coastal radar alone. Effective surveillance requires sufficiency of aerial assets coupled with an adequate surface response capability. To this end, the inclusion of both Thailand and India as littoral states would provide the needed boost to regional maritime capacity.

Indian Strategic Concerns

The Indian Andaman and Nicobar chain is an archipelago of 572 islands, only 38 of which are inhabited. The southern tip of these islands, Indira Point, is only 165 kilometres from Sumatra, being separated by the ‘Six Degree Channel’. In fact, this proximity makes India as much a part of Southeast Asia as that of South Asia. Their remote location and sparse habitation make them vulnerable to illegal activities such as piracy, poaching, arms and drug trafficking or even maritime terrorism. The large volume of shipping passing through the islands increases the threat of environmental damage to their fragile ecology. Upgrading the security structure in these islands to an integrated command in 2001 was undertaken to meet these specific challenges. Over 40 per cent of India’s rapidly growing trade passes through the Malacca Straits, giving it a major interest in securing the safety of shipping through this vital international waterway. Inclusion in its security would therefore be in India’s national interest.

Prospects for Indian Participation

In 2001, on a United States request, Indian warships provided escort to high-value US ships involved in Operation Enduring Freedom, whilst they transited the Malacca Straits. All littoral states had been informed earlier, however, some concerns were subsequently raised. Thereafter, India’s stand has been that despite considerable stakes in the security of the Malacca Straits, any material contribution to the efforts would only be subject to an invitation from the littorals. India recently signed the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP), a 2004 Japanese initiative for piracy-related information sharing on in the region. The commitment to contribute to Straits security is thus unambiguous; any reticence would appear to be to give due respect to the sensitivities of the littorals. Should a way be found to enable participation as a littoral of a larger Malacca Straits Security System, India would not be found wanting.

In the meantime, bilateral agreements have seen the Indian Navy undertaking coordinated patrolling along its maritime boundary with Indonesia since 2001, and with Thailand since 2005. Annual exercises with the Republic of Singapore Navy and regular Passage Exercises (PASSEXes) with most regional navies, have been undertaken. Hence interoperability is established. Maritime surface and aviation assets based in the Andaman and Nicobar Command (ANC) could secure the northern end of the Malacca Security System jointly with Indonesia and Thailand. In addition, should the need arise; these could always be augmented at short notice by mainland forces.

Conclusion

Despite commendable regional efforts, securing the vital Malacca Straits lifeline on a sustained basis is likely to be limited both by maritime capacities and the inability to view the problem from a larger perspective. Ensuring effective security entails maritime domain awareness coupled with a credible response capability. Littoral states presently have a limited capability for this task. At the same time, regional sensitivities preclude participation by outside states. Extending the boundaries of the Straits System to include both the northern and southern approaches is a logical approach. Therefore, comprehensive security could be ensured only by the inclusion of both India and Thailand as bonafide littorals of a redefined Malacca Straits Security System.

Rajeev Sawhney

Visiting Senior Fellow

Institute of Defence and Strategic Studies (IDSS)

Singapore

Largest Marine Conservation Area On Earth

President George W. Bush created the world’s largest marine conservation area off the coast of the northern Hawaiian Islands in order to permanently protect the area’s pristine coral reefs and unique marine species. On 15 June 2006, the President used his authority under the Antiquities Act to designate the area a national monument.

The Northwestern Hawaiian Islands Marine National Monument encompasses nearly 140,000 square miles of US waters, including 4,500 square miles of relatively undisturbed coral reef habitat that is home to more than 7,000 species. The monument will be managed by the Department of the Interior’s US Fish and Wildlife Service and the Commerce Department’s National Oceanic and Atmospheric Administration, in close coordination with the State of Hawaii.

‘Along with the two national wildlife refuges already in the area, this national monument provides permanent protection and conservation for the extraordinary natural resources and wildlife of the Northwestern Hawaiian Islands,’ said Interior Secretary Dirk Kempthorne. ‘Relatively untouched by human activities, these isolated waters and coral reefs provide vital habitat for the endangered Hawaiian monk seal, the threatened Hawaiian green sea turtle and other rare marine species.’

NOAA Image of overview map of the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve

‘This is a landmark achievement for conservation, protection and enhancement of the Northwestern Hawaiian Islands,’ said Commerce Secretary Carlos Gutierrez. ‘Approximately one quarter of the species here are found nowhere else in the world and a marine national monument will provide comprehensive, permanent protection to this region.’

The national monument is located in waters off the Hawaiian Islands Reservation established by President Theodore Roosevelt in 1909, the Hawaiian Islands National Wildlife Refuge and Midway Atoll National Wildlife Refuge, site of the key World War II sea battle and the Battle of Midway National Memorial.

Permits will be required for activities related to research, education, conservation and management, native Hawaiian practices and non-extractive special ocean uses. The commercial and recreational harvest of precious coral, crustaceans and coral reef species will be prohibited in monument waters and commercial fishing in monument waters will be phased out over a five-year period. Oil, gas and mineral exploration and extraction will not be allowed anywhere in the monument.

Prior to this designation, this unique region had been part of a five-year study under a National Marine Sanctuary designation process, during which federal and state entities, native Hawaiian leaders and the public have participated in strong collaboration with significant amounts of testimony and input to develop a plan with broad-based consensus. Since 2000, more than 52,000 public comments were received, most supporting strong protection.

The President’s action means immediate protection, immediate implementation of the management measures included in the plan that was developed during the National Marine Sanctuary designation process, and immediate start of the ‘seamless’ federal/state management process that will include ongoing consultation and involvement with the public.http://www.noaanews.noaa.gov/stories2006/images/nwhi-overview-map2.jpg

Secretary Kempthorne noted that Hawaii Governor Linda Lingle recently approved the establishment of a marine refuge in the Northwestern Hawaiian Islands. ‘States and federal partners, national and local conservation organisations and thousands of interested individuals have made possible the protection of this national monument. This is collaboration at its best,’ Kempthorne said.

Under the Antiquities Act of 1906, which is celebrating its 100th year of enactment, the President of the United States is authorised to declare by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments.

The National Oceanic and Atmospheric Administration (NOAA), an agency of the US Department of Commerce, is dedicated to enhancing economic security and national safety through the prediction and research of weather and climate-related events and providing environmental stewardship of the nation’s coastal and marine resources.

Through the emerging Global Earth Observation System of Systems (GEOSS), NOAA is working with its federal partners, 61 countries and the European Commission to develop a global network that is as integrated as the planet it observes, predicts and protects.

NOAA Press Release

Beaches of the Australian Coast

A series of seven books covering every beach on the Australian coast is now available from Sydney University Press. Australia has 10,685 beaches, each of which is described in detail in this series of seven books covering the entire coast. The books also include descriptions of several hundred beaches on 30 islands. These books provide background on the nature and evolution of the coast of each state and the nature of its beach systems. This is followed by a description of every beach giving local names, access points, facilities, suitability of swimming and every surfing break, as well as associated hazards. Each book contains hundreds of photographs, regional maps and maps of all popular beaches. The entire set of seven books contains over 2500 pages and 2000 figures.

The books are a result of a 14-year project which documented every one of Australia’s beaches. The Australian Beach Safety and Management Program (ABSMP) has generated a GIS-based database on each beach system, including its locations, dimensions, beach types, wave and tide conditions, as well as information on associated headlands, backing dunes and drainage; together with usage data such as level of access, parking and basic facilities. Based on the beach type, wave, tide and local conditions, each beach is also given a beach hazard rating, together with comments on its suitability for swimming and surfing. This information is used by project partner Surf Life Saving Australia to assist in managing their patrolled beaches (see for example www.slsa.com.au/default.aspx?s= findbeachorclub).

In undertaking a project of this size, beaches were accessed by land, sea and air. Across the top end and in some parts of the south, the university boat CSU 3 was used to access the beaches, including all beaches between Cairns and Broome. The Wollongong-based Australian Aerial Patrol was used to fly and photograph every beach on the coast, as well as several major islands. In all, the 10,685 mainland beaches and another 833 on 30 inhabited islands were documented, as well as over 3000 beach sand samples collected and analysed.

One book for each state/region has been written: New South Wales was published in 1993; Victoria in 1996; Queensland in 2000; South Australia in 2001; Western Australia in 2005; Tasmania in 2006; and the Beaches of the Northern Australia Coast: The Kimberley, Northern Territory and Cape York also in 2006. A revised and expanded second edition of the NSW book is due for release later this year.

Each book begins with three chapters that provide a background to the physical nature and evolution of the coast and its beach systems in the state/region. Chapter 1 covers the geological evolution of the coast and the role of climate, wave, tides, wind and biota in shaping the present coast and beaches. Chapter 2 presents more detail on the 16 types of beach systems that exist around the Australian coast. Chapter 3 discusses the types of physical and biological beach hazards along the coast and the role of Surf Life Saving in mitigating these hazards. Chapter 4 presents a description of every beach in the state/region.

Descriptions cover the beach’s name, location, physical characteristics, access and facilities; with specific comments on its surf zone character and physical hazards, as well as its suitability for swimming, surfing and fishing. Each beach is rated in terms of the level of beach hazards, from the least hazardous rated 1 (safest) to the most hazardous 10 (least safe). The seven books total over 2500 pages and contain over 2000 original figures which include numerous photographs, as well as beach maps and photographs of all beaches patrolled by surf lifesavers and many other popular beaches. The books are available online from www.sup.usyd.edu.au/marine.

The ABSMP approach to beach management has been endorsed as the recommended approach to beach hazard assessment by International Life Saving and is now being used by in New Zealand, the United Kingdom, Hawaii, Brazil, Dubai and Israel to improve beach knowledge, management and safety.

All books are available online from Sydney University Press: http://www.sup.usyd.edu.au/marine.

For further information contact Andy Short, phone (02) 9351 3625, email A.Short@geosci.usyd.edu.au

Funds agreed for Marine Electronic Highway

Implementation of the Marine Electronic Highway (MEH) Demonstration Project in the Straits of Malacca and Singapore is set to begin shortly, following the signing of a US$6.86 million grant agreement (on 19 June) between the Global Environment Facility (GEF)/World Bank and the International Maritime Organization (IMO).

The four-year regional demonstration project aims to link shore-based marine information and communication infrastructure with the corresponding navigational and communication facilities aboard transiting ships, while being also capable of incorporating marine environmental management systems. The overall objectives are to enhance maritime services, improve navigational safety and security and promote marine environment protection and the sustainable development and use of the coastal and marine resources of the Straits’ littoral States, Indonesia, Malaysia and Singapore.

In addition to the US$6.86 million assigned to IMO for the regional MEH demonstration project, the GEF/World Bank has also agreed to grant US$1.44 million to Indonesia for the procurement of equipment for a differential global positioning system (DGPS) station and automatic ship identification (AIS) stations, as well as tidal instruments and an ocean data buoy.

The MEH is being built upon a network of electronic navigational charts using electronic chart display and information systems (ECDIS) and environmental management tools, all combining in an integrated platform covering the region that allows the maximum of information to be made available both to ships and shipmasters as well as to shore-based users, such as vessel traffic services. The overall system – which would also include positioning systems, real-time navigational information like tidal and current data, as well as providing meteorological and oceanographic information – is designed to assist in the overall traffic management of the Straits and provide the basis for sound marine environmental protection and management.

The implementation of the demonstration project follows a preparatory phase, from 2001 2005, involving IMO, the littoral States and other partners, which was also funded by the GEF/World Bank (amounting to US$473,000).

Start-up activities of the regional component of the MEH demonstration project will commence in July with the recruitment of a Project Manager and consultants to establish the Project Management Office in Batam, Indonesia; preparation of the first Project Steering Committee Meeting, to be held within the year; preparation of bidding documents for various goods and services required by the project; as well as assistance to Indonesia in the procurement of maritime safety facilities. The project’s experts will also prepare the bidding document for a hydrographic survey, scheduled to take place in 2007, of the Traffic Separation Scheme of the Malacca Strait Routing System from One Fathom Bank to Pulau Iyu Kecil, using multi-beam technology, with the aim of producing electronic navigation charts of the Straits.

The financial go-ahead for the project from the GEF/World Bank followed the signing, in Jakarta, Indonesia, in September 2005, of agreements to cooperate and collaborate to implement the MEH Project. Signatories to those agreements included the three littoral States, IMO, the International Hydrographic Organization (IHO), the International Association of Independent Tanker Owners (INTERTANKO) and the International Chamber of Shipping (ICS).

IMO Briefing 23, 26 June 2006

Guidelines on Fair Treatment of Seafarers

Guidelines on fair treatment of seafarers in the event of a maritime accident have been adopted by the IMO’s Legal Committee, which met for its 91st session from 24 to 28 April 2006. The Guidelines, developed by a Joint IMO/ILO Ad Hoc Expert Working Group on the Fair Treatment of Seafarers in the Event of a Maritime Accident, will also be submitted to the ILO Governing Body, which meets in June, for adoption. The Guidelines recommend that they be observed in all instances where seafarers may be detained by public authorities in the event of a maritime accident.

Seafarers are recognised as a special category of worker, the guidelines state. Given the global nature of the shipping industry and the different jurisdictions with which they may be brought into contact, they need special protection, especially in relation to contact with public authorities. The objective of the Guidelines is to ensure that seafarers are treated fairly following a maritime accident and during any investigation and detention by public authorities and that detention is for no longer than necessary.

The Guidelines give advice on steps to be taken by all those who may be involved following an incident: the port or coastal State, flag State, the seafarer’s State, the shipowner and seafarers themselves. The emphasis is on cooperation and communication between those involved and in ensuring that no discriminatory or retaliatory measures are taken against seafarers because of their participation in investigations. The Guidelines say that all necessary measures should be taken to ensure the fair treatment of seafarers.

The Joint IMO/ILO Ad Hoc Expert Working Group on the Fair Treatment of Seafarers in the Event of a Maritime Accident was established in 2005 to work on the development of appropriate guidelines for endorsement by IMO and ILO. A resolution prepared by the Group and subsequently adopted jointly by the IMO Assembly and the ILO Governing Body last December (A.987(24)) states that both ILO and IMO are seriously concerned about the need to ensure the fair treatment of seafarers in view of the growing use of criminal proceedings against seafarers after a maritime accident. The resolution recognises the urgency of adopting Guidelines as a matter of priority and, to this end, requested the Group to finalise its work expeditiously. The Group completed this task in March 2006.

Speaking at the close of the Legal Committee meeting, IMO Secretary-General Efthimios E. Mitropoulos told delegates: ‘The adoption of guidelines on fair treatment of seafarers has marked a highlight of this session. By doing so, you were able, in a genuine demonstration of the IMO spirit of cooperation and compromise, to take the collective decision that it was vital to promulgate these guidelines by consensus and as soon as possible and so to send a clear signal to seafarers around the world that it is the wish of the IMO family that they should be treated fairly. I am sure it will be appreciated by the maritime community at large and the seafarers in particular.’

Member Governments are invited, in the resolution, to implement the Guidelines as from 1 July 2006.

IMO News Room

Possible Phase-Out of HF Coast Radio Voice Monitoring

The National Marine Safety Committee (NMSC) in Australia has released a discussion paper on the feasibility and acceptability of phasing out the requirement for the National Coast Radio Network to voice monitor distress and safety channels in the high frequency (HF) band by the year 2010. The paper will help the NMSC to assess the value and use of the current high frequency (HF) distress and monitoring arrangements that are carried out by state and territory governments. The paper also explores whether there are better alternatives for the future and which options could provide these alternatives.

NMSC CEO Maurene Horder said that a variety of scenarios could arise if the phase-out goes ahead. ‘The discussion paper indicates how a phase-out might impact on marine safety authorities and boat operators around Australia,’ Ms Horder said. ‘For instance, there may be a financial cost to industry with a substantial saving of cost and resources for jurisdictions, or vice versa,’ she said.

The paper identifies four key options:

• provision of an HF(voice) safety and distress monitoring system by services other than the current National Coast Radio Network through a new, stand-alone service;

• provision of an HF(voice) service by incorporating its function into the current Global Maritime Distress and Safety System (GMDSS) infrastructure that provides the existing HF Digital Selective Calling (DSC) Service so that it also covers HF(voice) monitoring;

• having some geographic areas continue to be covered by the HF(voice) service within the current infrastructure; or

• re-equipping boats with alternative long distance communications equipment.

Public comment is now sought on the possible phase-out.

Copies of the discussion paper can be downloaded from the NMSC website http://www.nmsc.gov.au/yoursay_2.htm or obtained by phoning (02) 9247 2124. The period for public comment closes on 30 September 2006.

It should be noted that no final decisions will be made until the full consultative process has been completed.

NMSC Media Release

Ministerial Conference on International Transport Security

IMO measures adopted to enhance maritime security have greatly contributed to strengthening international maritime security, transport Ministers and officials from 14 countries have agreed.

The Ministerial Statement on Security in the International Maritime Transport Sector, adopted by the Ministerial Conference on International Transport Security (held in Tokyo from 12 to 13 January 2006), welcomed and supported the vigorous maritime security activities undertaken by relevant international organisations, particularly the International Maritime Organization (IMO) and the world Customs Organization (WCO).

The statement stressed the importance of ensuring continued compliance with the provisions of chapter XI-2 of the International Convention for the Safety of Life at Sea, 1974, as amended (1974 SOLAS Convention) and the International Ship and Port Facility Security Code (ISPS Code), which were adopted under the auspices of IMO in December 2002 and entered into force in July 2004.

The statement also welcomed the adoption, under the auspices of IMO in October 2005, of the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 and the Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 1988.

A continuing high priority must be given to addressing vulnerabilities in international maritime transport by promoting further enhancement of international maritime security, bearing in mind the significance of ensuring the efficient and legitimate flow of people and goods, the statement said.

The Ministers noted, with satisfaction, the adoption in September 2005 of the Jakarta Statement on Enhancement of Safety, Security and Environmental Protection in the Straits of Malacca and Singapore (the Jakarta Statement), and in particular the agreement that a mechanism be established by the three littoral States to meet on a regular basis with user States, the shipping industry and others with an interest in keeping the Straits of Malacca and Singapore open for navigation.

The Ministerial Conference invited IMO to undertake further work in relation to enhancing maritime security, including:

• the consideration, in cooperation with WCO, of the development and adoption, as necessary, of appropriate measures to enhance the security of the maritime transport of containers in the international supply chain, while respecting efficiency and international harmonisation; and

• undertaking a study and making, as necessary, recommendations to enhance the security of ships other than those already covered by SOLAS chapter XI-2 and the ISPS Code, in an effort to protect them from becoming targets of acts of terrorism, piracy, or armed robbery and to prevent them from being exploited or used as means for committing such acts.

The Ministers:

• resolved to take necessary actions, as appropriate, in response to the Jakarta statement while respecting fully the sovereignty of the littoral States, and noted with appreciation the offer by Malaysia to host a follow-up meeting;

• urged all Contracting Governments to the 1974 SOLAS Convention to ensure the continued compliance of port facilities located within their territory with the requirements of SOLAS chapter XI-2 and the ISPS Code by appropriate measures which may include conducting inspections or audits of the port facilities located within their territory;

• resolved to share, to the extent possible, in an effort to promote effective implementation, best practices on the implementation of SOLAS chapter XI-2 and the ISPS Code in relation to security in port facilities;

• resolved to continue, in cooperation with IMO and other appropriate fora, to provide necessary assistance and support to Contracting Governments to the 1974 SOLAS Convention in enhancing their ability and capacity to implement appropriate security measures at their port facilities through further international and regional efforts; and

• agreed to further promote international co-operation in the education and training

of Port State Control (PSC) officers, through relevant regional Memoranda of Understanding for PSC, and other officers specifically designated to exercise control and compliance measures, in order to promote effective implementation of SOLAS chapter XI-2 and the ISPS Code.

IMO Secretary-General Mr Efthimios E. Mitropoulos participated in the Conference and delivered a keynote speech.

Transport Ministers from Australia, Canada, China, Germany, Indonesia, Republic of Korea, Russian Federation, Singapore, United Kingdom and United States of America participated in the Conference.

Courtesy IMO News, no. 1, 2006


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