Newsflash
An overview on the work of PIMLA
Tuesday, 20 March 2007

INTRODUCTION

Since its establishment in July 2005, PIMLA has been working in collaboration with RMP in terms of assisting Pacific Island countries and territories (PICTs) with legal maritime matters in particular facilitating their adoption of international maritime conventions to domestic laws. The rate of adoption has generally been slow for various reasons and one of PIMLA’s functions has been to ensure PICT governments are given the best practical advice on such matters.

A recent workshop dealing with International Labour Organization (ILO) conventions that was run in tandem with the review of the Pacific Islands Maritime Legislation and Regulations (PIMLA Regs) was held in Suva, Fiji in October 2006. The workshop, organised and coordinated by RMP with an ILO representative invited as a resource person, highlighted the importance of updating maritime legislation. Members of PIMLA who attended the workshop made some specific recommendations in terms of reviewing and drafting legislation taking into account both IMO/ILO conventions.

The recommendations which have been taken on board by the PIMLA Review Committee are as follows:
ILO MARITIME CONVENTIONS:

A.        MARITIME LABOUR CONVENTION 2006 (MLC 2006)

  1. That the MLC 2006 be used to draft generic maritime labour legislation and regulations to be included in PIMLA Regs under the Maritime Administration Legislation volume.
  2. That generic maritime legislation is drafted in broad terms and that the technical details are covered in regulations.
  3. That PIMLA draws up the advantages and disadvantages of ratifying MLC 2006.
  4. That PIMLA, through SPC, undertakes an analysis of individual national legal frameworks to determine the extent of gaps in law and practice in relation to the requirements of MLC 2006.
  5. That PIMLA, through SPC, makes recommendations that PICT governments consult relevant maritime stakeholders (shipowners and seafarers) on the generic maritime legislation and regulations.
  6. That PIMLA, through SPC, recommends that PICT governments consider incorporating the generic maritime labour legislation and regulations, in the appropriate form, into domestic legislation.

B.     SEAFARERS’ IDENTITY DOCUMENTS CONVENTION (REVISED) 2003

  1. That the SID 2003 be used to draft generic seafarers’ identity documents regulations to be included in PIMLA Regs under the Maritime Administration Legislation volume.
  2. That the generic SID  2003 regulations be drafted to give maritime administrations the authority to issue SIDs.
  3. That PIMLA draw up the advantages and disadvantages of ratifying SID 2003.
  4. That PIMLA, through SPC, undertakes an analysis of individual national legal frameworks to determine the extent of gaps in the law and practice in relation to the requirements of SID 2003.
  5. That the generic regulations be circulated among PICTs for consideration and consultation with relevant stakeholders.
  6. That Vanuatu is requested to provide its regulations on SID 2003 to be considered by other PICTs as model regulations.
  7. That PICTs consider implementing SID 2003 through a regional system in cooperation with SPC.
  8. That PICTs support SPC sourcing potential donor funds for the electronic database system and the printing of SIDs on behalf of PICT governments.
  9. That PIMLA, through SPC, recommends that PICT governments consider incorporating the generic seafarers’ identity documents regulations, in the appropriate form, into domestic legislation.

C.        OTHER RELEVANT FACTORS:

  • PIMLA has recognised that the following points are part of the terms of reference for the PIMLA Review Committee:
  • THAT it is imperative to formulate and implement maritime transport / shipping policy papers which identify current practices and future needs in various PICTs. SPC/RMP has a policy paper for PICTs to consider;
  • THAT maritime legal advisory notes compiled by SPC/RMP be distributed to relevant officials as part of research or information to promote gap analysis of maritime legislation;
  • THAT SPC/RMP identify key people within PICTs to move forward legislative measures within each individual country; and
  • THAT PIMLA acquire recognition by ILO to facilitate and disseminate information about PIMLA and its work to ILO member countries.

The PIMLA Review Committee comprises of: Mr Fagaloa Tufuga – SPC/RMP, Mr Wandi Yamuna – Papua New Guinea, Mr Ishmael Kako – Solomon Islands, Ms Silipa Kubuabola – Fiji Islands, Mr Posesi Bloomfield – Marshall Islands, Ms Kerryn Kwan – Samoa and Mr James Tari, Vanuatu. Each member has been given copies of the PIMLA Regs for their research, review, drafting and advice. The Secretariat of PIMLA at SPC/RMP is coordinating this process in collaboration with the Secretariat of Pacific Regional Environmental Programme (SPREP), Forum Fisheries Agency (FFA), ILO and others.

 
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