by F R Chowdhury 3 August 2021
It has been quite some time that I have not written anything for the community members. Today I write about a subject very important to us. We are very closely connected with it. We all know about it. It is the International Maritime Organization, commonly known as IMO. The purpose of this article is to provide full comprehensive information about it. Many of you may think IMO is an organ of the United Nations. But it is not. As you read this article, you will know about it.
It was some time in 1948 that the General Assembly of the United Nations (UN) passed a resolution to establish a specialized agency under the UN-umbrella to look after legal and technical aspects of international shipping and maritime affairs. The purpose was to adopt common international practice and procedures so that shipping could operate freely without being subjected to differing national laws. This would ensure development of global trade without hindrance to the benefit of the world community. The Government of the United Kingdom offered to host this important UN agency to be named as Inter-Governmental Maritime Consultative Organisation (IMCO). The number of acceptance for the treaty to come into force was achieved by 1958 and in 1959 the first Assembly of IMCO met in 104, Piccadilly, London, a temporary site provided by the UK Government. Her Majesty’s Government was very keen to up-hold the image of the City of London, which was historically the seat of Lloyd’s of London, as a centre of maritime activities. Soon the British Government built a purpose built headquarters for the UN agency on a befitting location on the south bank of the river Thames (4, Albert Embankment, London SE1 7SR). Meantime, the name was changed into International Maritime Organisation (IMO) keeping in line with other such UN agencies and bearing in mind the more positive role being played by the organization. IMO now looks after maritime safety, security and protection of marine environment. The slogan is “safe, secure and efficient shipping on clean oceans”. In respect of marine environment, it works in close cooperation with UNEP (United Nations Environment Program).
IMO is a Specialized Agency because of its autonomous character. It has its own membership, own funding and budget (not dependent on UN); and elects its own head. However, by an agreement with the United Nations, it abides by UN system and procedures to work under the UN umbrella and deposit to UN Secretary General copies of all conventions adopted through IMO as and when they enter into force. Though IMO is not an organ or body of the UN, it is a specialized agency like ILO, ITU and ICAO. All of them work within the UN umbrella. ILO (International Labour Organization) was established in 1919 but after United Nations came into being, ILO came under the UN umbrella as a specialized agency.
Assembly remains the highest body of the IMO and meets once every two years. The Assembly gives the final seal of approval to all work done by the Council and certain important work done by various committees. The Assembly is also an opportunity for Member States to gather and meet each other at the highest level to renew their relationship in the diplomatic front. The Assembly conducts election for “Council” which is like the governing body or executive body of the Organisation.
Council has 40 members elected by the Assembly and it meets twice a year to plan, supervise, monitor and audit the work of the IMO. Subject to the final approval of the Assembly, it is the Council that selects the Secretary General (later to be approved by the Assembly) to run the organization as its Chief Executive. The Council approves the budget and adopts the work program. The Council is very much like the executive body. Council Members are often the target for lobbying by other Member States on various issues. Since the members are elected, it is a prestigious body and being a member of the Council, a Member State may exercise lot of influence.
There are five committees and all members may be represented in the committees as equal partners. The Maritime Safety Committee (MSC) is the most vital committee that meets 3 times in every 2 years. Maritime Safety Division (MSD) headed by a Director provides the secretariat service to the MSC. The Committee reviews progress and development relating to SOLAS, LL, STCW and CSC Conventions.
The next important Committee is the Marine Environment Protection Committee (MEPC) which also meets 3 times in every 2 years. All Member States may be represented as equal partners. MARPOL-73/78 Convention remains under continuous monitoring by this Committee. Besides, the Committee also monitors Intervention-69, OPRC-90, LC-72, AFS-2001, Ballast-2004 and Recycling-2009 Conventions. It also looks after the London Dumping Convention. Maritime Environment Division (MED) headed by a Director provide secretarial support to this Committee.
Technical Cooperation Committee (TCC) meets once every year and all Member States may be represented. The Committee reviews need for technical cooperation required by any region or individual Member State. IMO now has a number of regional coordinators apart from the field Consultants who provide necessary guidance and assistance. IMO has set up two international institutes to assist developing countries to boost their capacity build-up. The International Maritime Law Institute (IMLI) at Malta provide LLM (Master’s in Law) course so that Member States can transpose the requirements of international conventions into national legislation. The World Maritime University (WMU) at Malmo, Sweden provide M.Sc. course for candidates to develop necessary skill for implementation of the requirements especially in respect of survey and certification so that the relevant Member States can have competent administrations to shoulder their responsibilities. Technical Cooperation Division (TCD) headed by a Director provides necessary secretarial support to the Committee.
Legal Committee (LEG) meets once every year and may be represented by all Member States. This committee normally looks after instruments relating to claim and compensation regime. CLC-92, HNS-96, Fund-92, LLMC-72, SUA-88, Wrecks-07 are constantly under review. LEG also provides legal support and guidance to other committees and sub-committees when required.
Facilitation Committee (FAL) meets once every year and all Member States may be represented. The Committee devotes its efforts to simplify procedural paper work.
In addition to the five committees, there are seven sub-committees which also meet once a year and all member states may be represented in each of them. The sub-committees are:
Ship design & Construction (SDC); Pollution Prevention & Response (PPR); Human Element, Training & Watch-keeping (HTW); Ship Systems & Equipment (SSE); Safety of Navigation, Communication & Search and Rescue (NCSR); Carriage of Cargoes & Containers (CCC), and Implementation of IMO Instruments (III).
Member States keep on submitting ideas, concepts and proposals. Secretariat analyses them and place them before respective sub-committees and committees for evaluation and consideration. Important decisions need further approval of the Council before placing them in the Assembly for adoption as Notice, Circular, Resolutions or Amendments to existing instruments.
Where there is a need for a new regime, IMO would convene a Diplomatic Conference to adopt a new Convention for which the working paper will be prepared by the committee concerned supported by the relevant secretariat. IMO meetings for Assembly, Council, Committee, Sub-committees or the Diplomatic Conference always elect its own Chairman. When a Diplomatic Conference is held abroad, it is customary to elect the Chairman from the host country. The Secretary General of the IMO remains officially the secretary to all such meetings supported by the Director and staff of the relevant Division. Delegates need to have their credentials issued by the Head of the State, Head of the Government or the Head of the Foreign Ministry. In some cases the Embassy located in London may issue such credential where they will evidently state to have been directed by their Government. The head of a delegation is normally referred to as Representative and other members of the delegation as Alternate Representative or Member or Adviser etc.
For the sake of maintaining the continuity, quite a number of countries have their Ambassadors to the United Kingdom as con-currently accredited to the IMO as its Ambassador or Permanent Representative. Such Embassy or Mission will normally have a suitably qualified technical person to make day to day attendance at IMO. However, for most of the important meetings the delegation will comprise of people working in the relevant administration. MSC, MEPC and HTW meetings are normally attended by duly qualified and experienced professionals from respective Member State. It is not unusual to see a Foreign Minister or a Transport Minister leading the delegation in the Assembly which is more diplomatic in nature.
At international level, any activity at sea falls under the purview of IMO. That is why IMO is also responsible for fishing vessels, pleasure yachts and even offshore activities so far it relates to safety, security and environmental protection. However, it must be clearly understood that IMO is not an international government. It is where member states discuss and develop international standards but their enforcement through national laws (with necessary penal provisions) remains the responsibility of the member states.
UN subsidiary bodies are those that are created by the UN out of necessity. They operate under the control and supervision of the UN and report to the Secretary General who in turn report to the Security Council or General Assembly as appropriate.
Our community members will be happy to know about the role played by Bangladesh in establishing the WMU. Capt. Shafi, the then Director-General of Shipping, Bangladesh addressed the Assembly and pointed out the fact that knowledge and capacity gap between the developed nations and others was constantly increasing making global compliance of standards almost impossible. An international institute to train and educate those from developing countries would be very helpful. A resolution was passed asking the Secretary-General to work on the project. When Sweden agreed to provide the host facility, the SG sent Capt. QABM Rahman (at that time working as IMO representative in Asia-Pacific Region and attached to ESCAP, Bangkok) to visit the facilities for its suitability for an international institute. Capt. Rahman visited all facilities and had meetings with high officials of the Swedish Government and Malmo City Council. For the contributions made by Bangladesh, it was made a member of the first board of governors.
That was chapter-I. Time passed by. I became a WMU graduate. I represented Bangladesh, United Kingdom and the Bahamas in the IMO. I also chaired WG meetings. I was also a Visiting Professor of WMU. I also worked as a Consultant to IMO and carried out IMO missions in many countries. I helped Bangladesh in respect of STCW matter. I found Mr. Bodiuzzaman and Capt. Shafiqullah very knowledgeable and enthusiastic. It was their combined effort that Bangladesh achieved the white list standards before the deadline.
That was chapter-II. Now we can see many more knowledgeable and competent persons among younger generations, and inshallah the trend will continue. At this moment we have at least two persons eminently suitable even for the highest international position in maritime sector. One of them was previously a very senior officer of Nautical Institute and now a Deputy Director of one of the largest Flag States. The other is another WMU graduate who represented Bangladesh in IMO when working for BSC in London. He chaired many committees and sub-committees. He was later appointed by IMO in a P-5 position. He is now the Director-General of IMSO (International Mobile Satellite Organization). He is known in the marine circle all over the world. We must take advantage of this situation. We do not know if we will ever have another person in such a situation. It is a matter of time and opportunity. It will certainly be a good idea for Bangladesh to try for the post of SG of IMO. I am sure the community will be delighted with such a decision.
However, we have two more urgent things to do to maintain the continuity. The first is to have an officer attached to the High Commission in London to attend all IMO meetings and advise the Government through the HC about various activities with which Bangladesh should be involved. One of the professionals working under the Department of Shipping should be considered for this post. In case of budgetary constrain Government may initially consider appointing one of our Bangladeshi professional persons in London on contract only by reimbursing cost of attendance. This is essential for show of flag in international forum. Otherwise we will fall into a vacuum from our present leading position.
Council is the only elected body. Being a member of the council we can exert lot of influence – at least one vote for selecting next SG. We should start all preparatory work for becoming a member of the council of IMO.
I even suggest that our Foreign Minister should lead Bangladesh delegation in the next Assembly of IMO. We can start maneuvering from now for our FM to become chairman of Assembly of IMO.
Through this article I draw the kind attention of our DG Shipping, Secretary of the Ministry of Shipping, Minister in charge of the Shipping Ministry, the minister in charge of Ministry of Foreign Affairs and above all our Prime Minister. We have to act now. Sitting idle is not an option. Bangladesh has to make its position in the world shipping and maritime affairs.
London, 03-June-2021 <fazlu.chowdhury@btinternet.com>
