2. Maritime Security from the Viewpoint of Maritime Labor George A. Quick Vice President International Organization of Masters, Mates and Pilots

3. Maritime Security Maritime labor fully supports ship and port security as envisioned by the IMO in the ISPS Code. There is a need to recognize the international scope of the maritime transportation system. Only an international regime can effectively address the security of a global transportation system.

4. ISPS Code The IMO undertook the drafting and adoption of the ISPS Code in 2002. In drafting the Code it was recognized that there was a potential conflict between security, the efficiency of maritime transport and the human rights and working conditions of transport workers

5. ISPS Code Preamble to the ISPS Code 10 Nothing in this Code shall be interpreted or applied in a manner inconsistent with the proper respect of fundamental rights and freedoms as set out in international instruments, particularly those relating to maritime workers and refugees, including the International Labor Organization Declaration of Fundamental Principles and Rights at Work, as well as international standards concerning maritime and port workers.

6. ISPS Code A major concern was that a security regime would unreasonably restrict the freedom of movement of seafarers by: Denial of shore leave Denial of access through terminals

7. ISPS Code Preamble to the ISPS Code 11 Recognizing that the Convention on the Facilitation of Maritime Traffic, 1965, as amended, provides that foreign crew members shall be allowed ashore by the public authorities while the ship on which they arrive is in port, provided that the formalities on arrival of the ship have been fulfilled and the public authorities have no reason to refuse permission to come ashore for reasons of public health, public safety or public order, Contracting Governments when approving ship and port facility security plans should pay due cognizance to the fact that ship’s personnel live and work on the vessel and need shore leave and access to shore based seafarer welfare facilities, including medical care.

8. ISPS Code, Part A - Mandatory Provisions 16 PORT FACILITY SECURITY PLAN 16.2 The port facility security plan shall be approved by the Contracting Government in whose territory the port facility is located. 16.3 Such a plan shall be developed taking into account the guidance given in Part B of this Code and shall be in the working language of the port facility. The plan shall address, at least, the following:.15 procedures for facilitating shore leave for ship's personnel or personnel changes, as well as access of visitors to the ship including representatives of seafarers' welfare and labour organizations.

9. ISPS Code The provisions of the ISPS Code regarding shore leave and access through port facilities are not being adhered to by all governments. The denial of shore leave and access through port facilities are of major concern to seagoing maritime labor. In June of 2004 the IMO issued further guidance on the proper application of the ISPS Code in MSC/Circ.1112

10. MSC/Circ.1112- Shore Leave and Access to Ships under the ISPS Code 1 The 2002 SOLAS Conference that adopted …….the ISPS Code…………..was aware of potential human aspect problems affecting the fundamental human rights of seafarers with the imposition of a security regime on international shipping on a global basis. It was recognized that seafarers would have the primary duties and responsibilities for implementing the new security regime for ships. At the same time, there was concern that the emphasis on port facility security may result in the ship and seafarers being viewed as a potential threat to security rather than partners in the new security regime.

11. MSC/Circ.1112- Shore Leave and Access to Ships under the ISPS Code 2 In this regard, it was recognized that there may be conflicts between security and human rights, as well as between security and the efficient movement of ships and cargoes in international trade that is essential to the global economy. There must be a proper balance between the needs of security, the protection of the human rights of seafarers and port workers, and the requirement to maintain the safety and working efficiency of the ship by allowing access to ship support services such as the taking on of stores, repair and maintenance of essential equipment, and other vital activities that are appropriately undertaken while moored at port facilities.

12. MSC/Circ.1112- Shore Leave and Access to Ships under the ISPS Code 4 To address these concerns and principles….. the ISPS Code provides that a port facility security plan (PFSP) must contain procedures for facilitating shore leave, crew changes and access for visitors including representatives of seafarers’ welfare and labour organizations. This should be construed as including shore-based ship support personnel and the taking onboard of ship’s stores. The guidance contained in ……. the ISPS Code reinforces this requirement by providing that the PFSP should contain such procedures relating to all security levels.

13. ISPS Code, Part A - Mandatory Provisions 14 Port Facility Security 14.1 A port facility is required to act upon the security levels set by the Contracting Government within whose territory it is located. Security measures and procedures shall be applied at the port facility in such a manner as to cause a minimum of interference with, or delay to, passengers, ship, ships’ personnel and visitors, goods and services.

14. The Identity dilemma There is a need for a universally accepted seafarer identity document. The International Labor Organization (ILO) has developed an international Seafarer Identity document (SID). The ILO SID Convention is not yet ratified and some countries are reluctant to accept an identity document issued by another country for visa or travel purposes.

15. The Identity dilemma In order to go ashore or travel for crew change purposes the United States is now requiring seafarers to make a personal appearance before a US Consul to obtain an individual visa. This is a time consuming and costly requirement for a foreign seafarer.

16. The Identity dilemma The Australian model - a Maritime Crew Visa (MCV). Application with passport number via the internet. Security check against Australian database. Visa issued within three to four days, electronically linked to passport number. No charge to the seafarer for the visa.

17. The Problem Security professionals lack an understanding of the maritime industry. A singular focus on the port facility in the security plan without consideration of its impact on the other partners in the maritime transportation system.

18. The Problem The politics of fear driving the security agenda – more important to look vigorously committed to security regardless of whether the action or program is reasonable or effective.

19. THE END I hope I have said enough about maritime labor and maritime security to start an interesting discussion with some of you over the next few days.