F R Chowdhury
The United Nations or its agencies cannot implement international treaties because they are not sovereign independent states. In today’s world, most of the international conventions and protocols are agreed and adopted on the floor of the United Nations or its relevant agency but then it is left to the individual states to become parties to such instruments and arrange for their implementation and compliance through member state’s own legislation.
There was a time when big colonial powers dominated and dictated the shipping world. Those days are gone. Today’s shipping is perhaps the most international business in the world. A number of international conventions and protocols adopted through a number of UN agencies lay down internationally agreed principles and procedures for technical, commercial and legal aspects of shipping. There is no way that a country can do things in its own way. If you do not comply with the international standards then you are simply not acceptable. Worse yet, your ships will be detained almost in every state being party to the Convention.
Bangladesh Merchant Shipping Ordinance 1983 was even obsolete at the time of its introduction in 1983. It has been a long time that Bangladesh has not reviewed in a comprehensive manner the status of various conventions. Bangladesh has not yet signed many treaties that have already gone into force internationally. To avoid detention of ships in foreign ports Bangladesh has authorised classification societies to issue certificates of compliance. This means to say we are complying with the requirements and standards yet, we are not party to those conventions. What could be more ridiculous than that!
25th June is an important day when we celebrate the day of the seafarers. This year the celebration in Bangladesh has some special significance. The Secretary General of the International Maritime Organization is here to join us in this celebration. How lucky we are! Welcome to the Secretary General on your visit to Bangladesh. Let us dedicate the day for the cause of shipping and the seafarers. It is a good occasion to review our status with respect to international conventions and protocols. Each one should be considered separately. If they are good for us, then why delay? Let us become party to all those instruments. If there is any provision in any instrument that is detrimental to the interest of ships, shipping and seafarers then we must move to relevant depositor seeking necessary amendment. I am sure other developing states will join us in raising our voice against unjust clauses. Meantime we can find out the role played by our delegates in the relevant diplomatic conference when the particular instrument was adopted.
International conventions are adopted after lot of deliberations and through judicious agreements reached amongst participating nations. They are adopted to establish a world order in the relevant field so that everybody can work together in a disciplined way (in compliance with the provisions of the convention) for common benefit of the human being. It is very difficult to find fault with such documents. However, conventions do contain provision for amendments when felt necessary. The party states (those who are parties to the convention) bring in proposals and discuss amongst them possible changes and amendments. Non-party states have no say as they simply remain on the sidelines. Bangladesh is a member of the IMO Council and it is desirable that Bangladesh should accede to all maritime conventions so that it can actively participate in shaping the future of the maritime world.
I have discussed about the status of conventions ahead of legislation. This is because 80% of the national legislation is nothing other than transposing provisions of international conventions into national legislation. If we become party to conventions then we can make cross references to convention provisions in our legislation. Life becomes so much simpler and easier. It makes good sense to make a comprehensive assessment of the status of conventions (and become a party to all essential treaties) first and then try to draft national legislation in line with those.
I have thought over very deeply as to why this matter remained neglected for so long. This is a very important project in the national interest. However, this project does not involve any sale or purchase. No commission or bribe and hence no personal incentive. Being a seafarer, on this day of seafarers, I urge upon the Government, if they consider themselves as the Government of the people and by the people, to kindly pay attention to the very important matter discussed in this article. Bangladesh needs a modern merchant shipping act to provide the platform for growth of maritime activities and make Bangladesh a centre of maritime excellence. Our private sector entrepreneurs, seafarers and legal community can find opportunities and get involved in every sector of the maritime industry such as ship-building, ship-operation, ship-chartering, ship-broking, ship-management, arrest of ships, resolution of disputes etc. provided Government facilitates the same with necessary legal frame-work. A project to review status of international conventions and then draft national legislation in conformity with those treaties may take some time to accomplish but we should give it a start; and start now. On this day of seafarers let our Government make a pledge to start the process.
fazlu.chowdhury@btinternet.com London, 15-June-2013