SPRING 2005 SEMINAR
"Piracy"
As the marine community carries on following the implementation of the ISPS Code, many questions are being asked; “Are we safer?” and “What is really going on out there?”
On April 30 at the Coast Harbourside Hotel in Victoria, BC, the BC Branch held its Spring Seminar on “Piracy and Terrorism” to address the issues which face the marine community today. The seminar drew 56 attendees from many backgrounds. The Insurance Council of BC has credited 5 Continuing Education Technical Hours for Licensed Insurers attending the seminar.
The Branch Chairman, Captain Stan Bowles opened the seminar and greeted everyone.
He noted that this year’s topic was carrying on from last year’s successful seminar on the introduction of the International Ship and Port Security Code. Last year’s seminar was timely as the seminar was a few short months prior to the implementation of the ISPS Code; this year’s seminar is after almost a year of operating under the code. Involved in conducting security audits, Captain Bowles was aware of the levels of implementation of the ISPS Code. He noted that his first hand observations were that the ships are working under compliance; however observations show that the ports and shore facilities are lagging behind. He invited everyone to enjoy themselves and be educated at the same time as we listened to a very distinguished line-up of presenters.
The first speaker was Mr. Gerry Frappier, the Director General of Marine Security for Transport Canada. To demonstrate the importance that the Federal Government places in Marine Security, Mr. F rappier identified that the Federal Government had committed $850 million to Marine Security since 2001. The National Security Policy, the Marine Security Contribution Programme and the 2005 budget all had committed funds to enhance Marine Security. The Canadian Marine Transportation Security Regulations had come into effect on 01 July, 2004 as Canada’s part of the ISPS Code. Federal Departments have also made improvements in their working relationships with their counterparts in the US.
The National Security Policy includes a $308 million, six point plan to enhance Marine Security. The six points are: clarify and strengthen accountability, establish Marine Security Operations Centres (MSOCS), increase on-water presence and aerial surveillance activities, secure inter-governmental fleet communications, pursue closer co-operation with United States and strengthen security at ports and other marine facilities. The establishing of the two MSOCS in Victoria and Halifax is a key priority. The purpose of these centres is to enhance domain (marine) awareness and co-ordinate on-water activities relating to security.
In conclusion, Mr. Frappier made three points. He noted that significant enhancements to the security of the marine transportation system are in progress. Transport Canada believes strongly in the value of working together with its stakeholders, and the success of our ISPS Code implementation is proof of the effectiveness of this approach.
The second speaker was Reverend William Pike Senior Chaplain for the Mission to Seafarers in the Port of Vancouver. Rev. Pike showed a very lively and colourful slide presentation which started with a brief history of the Mission to Seafarers (originally known as Mission to Seamen and recognized as the “Flying Angel Club” by all who have gone to sea). He pointed out that the Flying Angel chaplains have special training in crisis counseling and are prepared to take a role in dealing with an emergency. The chaplains are aware of the human side of an emergency, the shock, anger and grief.
The next speaker was David Harrod, Head, Maritime Security Capability Building of the Australian Office of Transport Security. David Harrod reminded us that transportation is critical in linking a country’s economy to other trading partners, both domestically and internationally. A point of note is that Australia’s major trade routes are through waters which are subject to regional instability in terms of potential terrorist attacks and piracy. The regional problems are terrorism, piracy, people smuggling, drugs and arms smuggling a lack of capability to implement and sustain preventative security programs.
With the introduction of ISPS, for the first time the ports were brought into the equation. The outcome of the security measures is to ensure the vulnerability to terrorist attack is reduced without undue disruption to trade.
David Harrod noted that one issue with the practice of maritime security is the use of a Declaration of Security or the MARSEC level to restrict the access of seafarers to shore leave or ship visits by welfare organizations. The OTS is working on addressing such issues, as they are not in the spirit or intent of maritime security regulations.
David Harrod noted that although much has been implemented, much remains to be done. As Port State Control approaches maturity through robust inspections, data gathering, information sharing and reporting, so must the ISPS code and its system grow and mature.
Following a lunch sponsored by BC Ferries, Captain Zak Farid moderated the afternoon session. The first afternoon speaker was Dr. Craig Allen, professor of Law at the University of Washington. He started with a history of piracy, noting the “Golden Age” of Anglo-American piracy from 1680 to 1730. Dr. Allen noted that some distinctions were drawn between true pirates and buccaneers and privateers, however he mentioned that Nelson was not clear on the difference. Modern pirates no longer have parrots on their shoulders, but are found with rocket-propelled grenade launchers, AK-47s and Uzi machine guns. He mentioned that after a period of low pirate activity in the straits, March 2005 brought a return to acts of piracy
Piracy has long been condemned under customary international law. This was codified in the 1958 Convention on the High Seas. The 1982 Law of the Seas Convention structured a “piracy” framework. The International Maritime Bureau (IMB) has defined piracy as, “Piracy is the act of boarding or attempting to board any ship with the apparent intent to commit theft or any other crime, and with the apparent intent or capacity to use force in the furtherance of that act.” The IMB has established a piracy reporting centre in Kuala Lumpur, Malaysia. The role of the centre is to assist owners and crews of ships that have been attacked, report piracy incidents and armed robbery at sea to law enforcement agencies, locate vessels that have been seized by pirates and recover stolen cargo, help bring pirates to justice and to collate information on piracy in all parts of the world.
A list of self help countermeasures was presented, including, passage planning to avoid “hot-spots”, increasing speed, deck lighting. Electronic anti-personnel fences, high pressure fire hoses, ship security alert systems, continuous tracking beacons and armed security guards. Several attendees questioned the effectiveness of a number of these measures.
Dr. Allen noted that the 1988 Convention on Suppression of Unlawful Acts Against Safety of Maritime Navigation (SUA) has a list of crimes that it is to address, yet it adds very little to the prevention or enforcement regime. The new (2005) SUA Protocol will likely provide new authority for maritime interdiction regarding weapons of mass destruction. As well UN Security Council Res. 1373 imposes on all states a duty to take measures to prevent terrorist attacks.
The next speaker was Commander Allan James, Maritime Forces Pacific (MARPAC) Assistant Chief of Staff Intelligence, Surveillance and Reconnaissance and the Commanding Officer of the Operations Support Centre, Pacific.
MARPAC has three important roles in the defence of Canada, Surveillance, Contingency Operations and Protection of Sovereignty.. MARPAC has surveillance responsibility to about 1200 NM off shore with an area of interest a further 12 or 1300 NM. Firstly the ops centre must build a picture of what is in this area and then analyze the picture they have built. Thirdly they must determine what action is required given their analysis. The essential components are – Awareness, Analysis, Action. The information gathered becomes the Recognized Maritime Picture (RMP). The RMP serves two functions, firstly to display any information or intelligence the ops centre has on vessels, but secondly by analyzing the data on vessels in the RMP, new intelligence can be generated. Under the National Security Policy, the government has mandated the establishment of Marine Security Operations Centres (MSOC). The role of the MSOC will be to detect, assess and respond to marine security threats. To do this, representatives of all responsible agencies must come under one roof.
The last speaker was Inspector Doug Kiloh of the RCMP “E” Division, Border Integrity (Ports). Inspector Kiloh noted the importance of Global Commerce and Transportation. Any disruption of marine transport will have a major impact on the economy. The motivation of terrorists and pirates are varied, political, idealism and financial. There is also a media fascination with terrorism, however most North Americans still believe we are in a bubble and face little risk.
The Waterfront Joint Forces Operation (WJFO) has been set up for the lower mainland. It is to provide strategic/tactical analysis and conduct integrated multi-disciplinary investigations. The WJFO is to have as its priorities, national security and organized crime. It is to provide expertise, support and assistance in dealing with port security issues. Inspector Kiloh also pointed out that it is the people who make the system work. When dealing with security, it is important to determine what the issues are for the mariner. He noted that ISPS (security) and ISM (safety) can have conflicts.
Following the presentations, the Branch Chair, Captain Stan Bowles, thanked all of the presenters and noted the many excellent points made during the seminar. The fact that safety solutions and security solutions were at times in conflict is of major concern to the mariner. Also a number of the security and anti-terrorism/piracy “techniques” were not always practical on commercial operations, at times left the mariner feeling exposed to danger.
Captain Bowles introduced Captain Nick Cooper, who was representing the Nautical Institute Headquarters. Captain Cooper noted the high caliber of the presenters and provided some of his experiences as a serving Master at sea to illustrate some of the points raised.
Captain Bowles thanked the Seminar organizers, Captain Smiley, Captain Farid and Captain Frappell, for their efforts in bringing together a great line up of presenters and ensuring that the seminar was a success.
Captain Bowles also thanked the sponsors, BC Ferries, Greater Victoria Harbour Authority, The Association of Marine Surveyors of B.C., King Brothers Limited, Marine Design Associates and Martech Polar for their financial assistance which also greatly contributed to the success of the seminar. He also mentioned that it was good to see the media interest in the seminar and the presenters.
While much remains to be done, those attending left feeling better informed as to the current situation and some of the activities being carried out to protect the mariner from “things that go bump in the night!”
The Pirate was a Lady
Our after dinner speaker, following the completion of the seminar, was Ms Cathy Converse. Cathy gave us a colourful account of the life of Cheng I Sao, a nineteenth century "lady" pirate of the South China Sea".
Click here to download and read this presentation.