Malaysian Maritime Transport and Security - Free Essay Example

Maritime transport and security The Malaysian act which covers this issue is has follows: 249A 249AA The littoral States of the Straits have undertaken various initiatives aimed at curbing the menace of piracy and securing the waterway from the threats of terror. These measures include: On the basis of 38 attacks in the Straits in 2005 as reported by the IMB against 62,621 ships traversing the Straits in the same year as reported by the Malaysian Marine Department. (1) (1) The implementation of MALSINDO, a coordinated patrol scheme involving the navies of Singapore, Malaysia, and Indonesia. The trilateral initiative, launched in July 2004, is a joint special task force by the littoral States to safeguard the Straits and provide effective policing along the waterway. MALSINDO is an improvement of several bilateral coordinated patrols previously conducted among the littoral States. It entails the coordination of patrols by a littoral State in its jurisdiction and sovereignty area with other patrol partners in other areas and with the command centres in the various countries. This initiative has made naval patrols in the Straits more coordinated and structured. (2) (2) The Eyes in the Sky (EIS) initiative, a maritime air operation for surveillance over the Straits of Malacca and Singapore. This initiative is to detect and deter acts of piracy and transnational criminal activities in the Straits. The EIS initiative began in September 2005 and currently features combined maritime air patrols by the Armed Forces and maritime enforcement agencies of the littoral States and invited international participating nations. The EIS initiative is an open arrangement that may invite the participation of other countries on a voluntary basis, if deemed necessary, by the littoral States. Each EIS flight involves a Combined Mission Patrol Team on board, a Mission Commander in charge of the safe conduct of the mission and the after-flight report, and obser vers from participating nations. (3) (3) The increase in multilateral security initiatives among the littoral States, including dialogue among them via the ASEAN Regional Forum platform, and bilateral initiatives such as exercises between the Malaysian and Indonesian navies, and joint operations between their maritime enforcement agencies. ____________________ Article 249A 249AA MERCHANT SHIPPING ORDINANCE 1952 (4) (4) The increased patrols by the Marine Police of the littoral States in the Straits, which have resulted in several arrests of pirates and armed gang robberies, and the prosecution of the perpetrators. (5) (5) The increase in the capacity and scope of several security systems already in place involving sea surveillance, vessel traffic and ship reporting. In addition to these initiatives, several regional and international initiatives have been established in the South East Asian region to boost security. These include an agreement on information exchang e and establishment of communication procedures, a treaty of mutual assistance in criminal matters and a regional forum framework on measures against terrorism, counter-terrorism, and transnational crime. An agency named the South East Asian Regional Centre for Counter-Terrorism has been set up, while agreements have been reached between ASEAN members and its dialogue partners such as the U.S. and EU with reference to cooperation against terrorism and cooperation in the field of security. The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) initiative also aims to enhance the security of regional waters and to enhance multilateral cooperation among countries in the region. The manner and speed in which the initiatives were implemented underline the seriousness with which the littoral States are combating piracy and transnational criminal activities in the Straits of Malacca. They also reflect the genuine commitment of the States to forging regional maritime security cooperation and enforcement. While it is not realistic to expect zero piracy in the huge area of the Straits, it is reasonable to attribute the recent drastic drop in piracy attacks in its waters to the intensified efforts undertaken by the littoral States. Perhaps it is too early to evaluate the effectiveness of initiatives such as the coordinated patrols and the EIS program, but it is fair to expect security in the area to improve even more once all the security measures in place are running full steam. The littoral States have spent huge amounts of resources to establish, maintain, and enhance security and navigational safety in the Straits. Given the rising financial costs of these measures to the littoral States, it is only just that international users of the Straits, who benefit from their usage of the sea-lane, chip in to share the burden of making the Straits secure. ______________________ 1-4 Merchant Shipping Act 2007 Laws provi ded under Malaysian Sea and Vessel Department Safe Operation of Ships, 249AC 249AO Seafarer Affairs and Port division was established by the Malaysian Naval office in order to ensure recognition of the competencies of Malaysian Seafarers by both within and outside the country in accordance with the provisions of the STCW Convention and Merchant Shipping Ordinance 1952. 1. To protect the seafarers welfare and affairs 2. To ensure all ports and jetties under the supervision of the Marine Department are safe and operational at all times. Their activities include the, Management of Competencies Certification. Whereby they plan and conduct Competencies Examinations, process and issue Certificate of Competency, evaluate and reaffirm Competencies Certification and also advise on Seafarers Competencies and Standards. They also conduct the management of Maritime Training Institution Accreditation which is in charge of processing application for Maritime Training Institution, Audit Maritime Training Centre, verify and recognise Competencies Certification and determine safe manning of Malaysian ships. They are also in charge of the management of Seafarers where they Register and document seafarers, Monitor seafarers affairs and welfare, Co-ordinate preparation of facilities for seafarers, Secretariat to Central Mercantile Marine Fund. Lastly they are in charge of the, management of the ports where they regulate transportation of hazardous cargo and ship-to-ship activities, regulate barter trade activities at Malaysian Ports, manage and operate ports and jetties under the Marine Department and lastly regulate ports activities affairs. ____________________ Jabatan Laut Malaysia, Merchant Shipping Ordinance (marine.gov.my 2013) https://www.marine.gov.my/jlm/pi.pdf accessed 28 August 2014 Nazery Khalid Cheryl Rita Kau, International Maritime Law (mimaa.gov.my 2010) www.mima.gov.my/mima accessed 24 August 2014 Minister of Transport, Maritime Law ( mot.gov.my 2013) https://www.mot.gov.my/en/Division/Pages/Maritime.aspx accessed 24 August 2014 Marine Department of Malaysia, seafarers affairs and port laws [2012] e.g. AL