The Hindu Editorial Analysis- 25th April 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Why in News?

A mid rising safety concerns among Indian seafarers following the recent attacks on commercial ships in sensitive geographical areas such as the Red Sea and the Strait of Hormuz, India submitted three papers to the 111th Session of the International Maritime Organization’s (IMO) Legal Committee (LEG), which is from April 22 to 26, 2024.

What is International Maritime Organization?

• The International Maritime Organization (IMO) was established to ensure the safety and security of global shipping.
• Formed by the United Nations following the 1948 Geneva Accord, the IMO conducted its inaugural conference in 1959.
• Currently, the IMO boasts 175 member nations and 3 associate members.
• Its primary responsibilities include overseeing shipping safety and preventing ship pollution.
• The IMO is governed by an assembly of members and financially managed by a council of elected members.
• The work of the IMO is carried out by five committees with support from subcommittees.
• During sessions, other UN agencies participate as observers.
• A permanent secretariat comprised of member representatives provides essential support.
• A secretary-general, elected regularly by members, leads the organization.
• The secretariat is structured into departments focusing on marine safety, environmental protection, and conferences.

Also, familiarize yourself with the United Nations organization.

Organizational Structure of the International Maritime Organization

• The Maritime Safety Committee (MSC), the Marine Environment Protection Committee (MEPC), the Technical Cooperation Committee (TCC), the Legal Committee (LC), and the Facilitation Committee (FC) are key committees within the IMO handling maritime issues.

Additionally, review reports from international organizations.

Functions of the International Maritime Organization

• The IMO plays a crucial role in ensuring the safety and security of global shipping.
• It works towards preventing ship pollution and promoting sustainable maritime practices.
• The organization facilitates cooperation among member nations to enhance maritime safety standards.
• IMO committees like the MSC, MEPC, TCC, LC, and FC focus on specific aspects of maritime regulation and enforcement.
• Like other UN bodies, the IMO acts as a secretariat, organizing meetings among member nations for maritime decision-making.
• Member states endorse conventions and related regulations, shaping a binding framework for shipping.
• Primary Objectives:
  • Establish a robust regulatory system for the shipping industry.
  • Ensure ship security and safety.
  • Address environmental risks associated with shipping.
  • Handle legal matters concerning marine incidents.
  • Provide technological support to the maritime sector.
  • Enhance the overall efficiency of shipping operations.

Mission Statement of IMO

• As a specialized agency of the UN, the IMO aims to promote safe, secure, eco-friendly, efficient, and sustainable shipping practices.
• Key Focus Areas:
  • Implementing top-tier standards for maritime safety, security, and pollution control.
  • Considering legal aspects and ensuring uniform application of IMO regulations.

Technical Committees of IMO

• The International Maritime Organization (IMO) carries out its technical tasks through five core Committees:

The Maritime Safety Committee (MSC)

• Focuses on enhancing maritime safety standards.
• Develops regulations to ensure the safety of ships, crews, and passengers.
• For example, the MSC sets guidelines for the construction and operation of ships to prevent accidents at sea.

The Marine Environment Protection Committee (MEPC)

• Concentrates on environmental concerns related to shipping activities.
• Formulates measures to reduce pollution from ships.
• For instance, the MEPC establishes rules to limit the discharge of harmful substances into the sea.

The Legal Committee

• Addresses legal issues within the maritime industry.
• Examines and recommends solutions for legal disputes and matters.
• For instance, the Legal Committee may draft international conventions to regulate maritime activities.

The Technical Cooperation Committee

• Focuses on enhancing the capabilities of member states in maritime matters.
• Provides assistance and training programs to improve technical expertise.
• For example, the Technical Cooperation Committee may offer workshops on maritime safety procedures.

The Facilitation Committee

• Dedicated to simplifying documentation and procedures in global shipping.
• Streamlines processes to facilitate smoother international maritime operations.
• For instance, the Facilitation Committee may develop standardized forms to expedite port entry and exit formalities.

The Role of the IMO in Regulating Shipping

• The primary goal of the International Maritime Organization (IMO) is to establish and maintain a comprehensive regulatory framework for the shipping industry.
• The IMO issues a variety of laws that exert significant control over the maritime sector.
• Regulations and conventions set forth by the IMO have a substantial impact on every aspect of shipping, influencing elements such as the cost of maritime trade.
• More than 90% of global trade is conducted via maritime transportation, with 80% of this trade being valued.

Four Pillars of International Maritime Organization

The primary aim is to enhance ship safety, operations, and the well-being of individuals on board. Additionally, safeguarding the marine environment from pollution and unintentional harm resulting from regular activities is the IMO's objective.

The four pillars of the International Maritime Organization are as follows:

Safety of Life at Sea (SOLAS)

• The safety of crew members and other individuals on ships is a crucial focus of the industry. SOLAS, or Safety of Life at Sea, stands out as one of the most crucial international conventions. The SOLAS Convention consists of 14 chapters that are presently in force, encompassing various regulations and standards that delineate the minimum safety criteria for constructing, equipping, and operating commercial vessels. Not all ships fall under the SOLAS Convention. Only vessels operating in international waters (excluding warships, cargo ships under 500 GT, non-propelled ships, wooden vessels, non-commercial pleasure craft, and fishing boats) are bound by SOLAS regulations.
• The safety of crew members and passengers on ships is a top priority for the industry, with SOLAS being widely regarded as a significant international convention.
• The 14 chapters of the SOLAS Convention currently in effect contain a range of laws and regulations that specify the minimum safety standards for the construction, equipment, and operation of commercial ships.
• Not all ships are subject to the SOLAS Convention. Only ships operating in international waters, excluding certain types such as warships, small cargo vessels, non-propelled ships, wooden ships, non-commercial pleasure yachts, and fishing vessels, are obligated to adhere to SOLAS regulations.

Standards of Training, Certification, and Watchkeeping (STCW)

• STCW sets essential standards for all personnel on board ships, including captains, officers, and watchkeepers.
• It ensures that seafarers worldwide receive equivalent training, promoting uniform qualifications across ranks.
• STCW plays a crucial role in advancing maritime training goals, with certification training mandated by the STCW Convention.
• All ship crew members must adhere to STCW rules, applicable to vessels over 24 meters long.
• Specific roles may demand particular qualifications, sea experience, and periodic retraining.
• Unlike prior agreements, STCW regulations extend to ships from non-signatory nations upon entering ports of signatory countries.

The International Convention for Pollution Prevention from Ships (MARPOL)

The International Convention for Pollution Prevention from Ships, known as MARPOL, is a significant global maritime agreement focused on reducing environmental pollution caused by ships.

• MARPOL, officially named the International Convention for the Prevention of Pollution by Ships, is a key treaty that targets both intentional and accidental pollution from ships.
• One of MARPOL's crucial aspects is setting out regulations for the safe handling, storage, and transportation of dangerous substances on ships.
• Unlike SOLAS, another maritime convention, MARPOL applies universally to all ships flying the flag of a state that has ratified the Convention, regardless of their location or operations.
• Each country that is a party to MARPOL must implement its provisions into their national laws to ensure compliance.

Maritime Labour Convention (MLC)

• The Maritime Labour Convention (MLC) establishes basic requirements for seafarers working on ships, serving as a comprehensive guide for rules and standards in the maritime industry.
• It ensures that seafarers are provided with essential working and living conditions necessary for their well-being and safety.
• The key provisions guaranteed by the MLC include Employment Agreements, Pay, Manning Levels, Rest Periods, Leave Rights, Repatriation, Compensation for Loss of Ship or Injury, and Career Development.

Training and Qualifications 

• Sailors under the MLC must receive appropriate training and certification to fulfill their duties on board, meeting the standards set by the International Maritime Organization (IMO).
• They are also required to undergo personal safety training, adhere to age and health certification requirements, and maintain competence in their roles.

 Safety and Reporting Obligations 

• The MLC mandates the establishment of protocols for reporting workplace accidents and illnesses to ensure prompt and effective responses in cases of emergencies.
• It focuses on maintaining a safe working environment for seafarers through stringent safety measures and guidelines.

Scope of the MLC 

• The MLC does not extend its provisions to fishing vessels, warships, or auxiliary ships, nor does it apply to seafarers working on ships operating in inland or protected waters.

FAL Convention

A united, worldwide strategy for facilitation is crucial for the success of international shipping. The FAL Convention, an international agreement in effect since 1967, plays a pivotal role in this aspect. Governments convene annually at the IMO's FAL Committee meetings in London to revise and update the convention.

Objectives of the FAL Convention

Following are the key objectives of the FAL Convention:

• All national authorities are mandated to facilitate electronic data transmission under the requirement for electronic data interchange. This promotes the use of a "single window" for data, enabling the submission of all necessary information to public authorities through a unified platform without duplication.
• The convention aims to establish an efficient maritime/shipping system that ensures smooth passage for ships, cargo, and passengers through ports without any disruptions.

India and International Maritime Organization(IMO)

India's involvement in the International Maritime Organization (IMO) has been limited, especially noted with the recent mandate for merchant ships to use low-sulfur fuel since January 1, 2020. Implementing such regulations primarily impacts developing nations like India. Refineries in India and globally require assistance to comply, leading to increased freight costs and affecting retail prices. India's engagement with the IMO can be assessed through various aspects, including its membership since 1959 and recognition as one of the top ten countries engaging in international maritime trade. While India signed the Hong Kong Convention in 2009 to ensure safe ship recycling practices, the convention is yet to be fully effective, showcasing India's passive role in promoting its interests within the IMO. India's recent ratification of the Hong Kong Convention could enhance its ship recycling sector.

India's Limited Participation in IMO

• India's involvement within the International Maritime Organization is restricted.
• The recent mandate requiring merchant ships to use low-sulfur fuel from 2020 affects the country.

Challenges Faced by India

• India, as a developing nation, struggles to meet the costs of implementing IMO regulations.
• Global assistance is needed for Indian refineries to comply, leading to increased costs.

India's Presence in IMO

• India has been a member of the IMO since 1959.
• It is recognized as one of the top ten nations engaging in international seaborne trade.

Implementation of the Hong Kong Convention

• In 2009, India signed the Hong Kong Convention to ensure safe and environmentally sound ship recycling.
• The convention's full implementation is pending, indicating India's lack of proactive engagement in pushing its interests within the IMO.

Conclusion

The International Maritime Organization (IMO) is a specialized agency of the United Nations that focuses on improving maritime pollution prevention, safety, and security in international commerce. The IMO plays a crucial role in setting and enforcing global maritime standards and regulations.

Headquartered in London, the IMO has 174 member states and three associate members. It employs approximately 300 staff members from around the world. In 2018, the organization unveiled a high-level vision for the marine industry and the Marine 2050 strategy for the United Kingdom.