South Africa is a maritime nation in that the nation is endowed with a double geopolitical identity, namely the land and the sea. Strategically situated along vital sea routes of the world, the South Atlantic, the Indian and the Southern Oceans, South Africa has a coastline of about 3000 kilometres along which its marine resources are spread; from the Orange River in the west to Ponta do Ouro in the East. The geo-strategic position occupied by South Africa is the most important factor and is followed in importance by the country's maritime zones, marine resources, marine ecology and conservation, as well as the maritime trade. All of these factors carry with them immediate national, regional and international obligations.
1.2 Maritime Zones
South Africa's maritime zones, signed into law by the country's President on 11th November 1994 (Maritime Zones Act No 15 of 1994), cover the territorial waters, contiguous, exclusive economic zone (EEZ), the continental shelf and the Prince Edward Islands, which belong to South Africa. The latter is situated 1000 kilometres south-east of Port Elizabeth. All of these zones fall within South Africa's jurisdiction for monitoring, control and enforcement of state authority. In total, it comprises an area of assets of more than 1 million square kilometres.
With this vast estate, comes certain rights and obligations upon which specific international institutions and legal norms have a direct bearing. South Africa is a member of the International Maritime Organisation (IMO) and the International Hydrographic Organisation (IHO). As a subscriber to the United Nations Convention on the Law of the Seas (UNCLOS), and including being a signatory
to the Convention on Safety of Life at Sea (SOLAS), South Africa is morally bound to observe these normative international guidelines,
In territorial waters, South Africa has total sovereignty that is counter-balanced with the right of foreign shipping to innocent passage. In the contiguous zone, South Africa may enforce specific national legislation with respect to customs, immigration, health and fiscal issues. In the EEZ. which includes the continental shelf. the rights and obligations of South Africa are confined to exploration. exploitation and protection of the marine resources.
Two areas of importance are the hydrographic duties and the "search and rescue' responsibilities. The South African Navy's Directorate for Hydrography is entrusted with the responsibility (through membership of IMO and IHO) for navigation charts, and navigational and NAVAREA warnings in the assigned area.
The 'search and rescue area of responsibility is vested in the country by conventions of the International Civil Aviation Organisation (ICAO) and the MO respectively From a position on the coast at the international border between Angola and Namibia, and then to the position on the coast at the international border between South Africa and Mozambique, a maritime region of 17.2 million square kilometres exists. South Africa is expected to have the means to successfully carry out search and rescue operations in this vastarea.
1.3 Maritime Regional Cooperation
One of the challenges, which the country is facing within the changing strategic environment in the region, is the emerging concept of common defence policy. As adopted by the states in the region, this goal has been taking shape under the forums of the Southern African Development Cooperation (SADC) and the Organisation of the African Union (OAU), now renamed African Union (AU). Other initiatives on security and development include the Association of Southern African States (ASAS), as well as the Inter-State Defence Security Committee (ISDSC) with its sub-committee, the Standing Maritime Committee (SMC).
The admission and membership of South Africa to these bodies emphasises its acceptance as a regional partner with an important role to play. At the inaugural meeting of the Standing Maritime Committee hosted by the Chief of the Navy in Pretoria in 1995, three crucial concerns were raised by the attending members:
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The vulnerability of the region to potential threat to sea lines of communication;
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The protection of the landlocked member states' interests and privileges in the maritime field; and
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The fact that urgent cooperation areas could include the following:
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Protection of marine resources;
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Ability to respond to pollution contingencies;
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Need for hydrographic, search and rescue services; and
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Combating of illegal immigration, drug and arms trafficking.
The combined coastline of the nine coastal countries from Gabon to Kenya is 11 500 kilometres and has a combined EEZ of 4 245 672 square kilometres, The resources available to watch over and protect this vast area against oil pollution, illegal fishing, smuggling. narcotics smuggling. gun running, illegal immigration and piracy are very limited (with the exception of some capability on the part of South Africa, Kenya and Gabon). However, there is an un-coordinated assortment of patrol vessels and patrol aircraft, many of which are operational. Whilst the countries of the region have a vested interest in the waters around them, it is very difficult to effectively protect these assets and essential trade. This makes it a demanding challenge for the socio-economic development of the region as a whole.
2. The National Maritime, Aeronautical Search and Rescue Bill
The South African Search and Rescue Organisation was established solely on the basis and provisions of the International Conventions, This was identified as a shortcoming, as domestically, the Organisation had no legal framework for its existence. This fact was aggravated by its identification by both the MO and ICAO as a shortcoming on the part of South Africa, A draft Bill, The National Maritine, Aeronautical Search and Rescue Bill was drafted by the Department of Transport in February 2000. The Portfolio Committee on Transport formally considered the South African Maritime and Aeronautical Search and Rescue Bill and unanimously accepted the Bill, as amended on the 19th June 2002.
2.1 Summary of Bill
This Bill provides for the establishment of the South African Search and Rescue Organisation (SASAR) in accordance with certain international aviation and maritime conventions. The purpose of SASAR will be to ensure a co-ordinated and effective maritime and aeronautical search and rescue service within the South African Search and Rescue regions.
SASAR will be composed of representatives from the government, as well as representatives from certain commercial and voluntary organisations that are signatories to the SASAR manual. An executive committee as well as an aeronautical subcommittee and a maritime subcommittee will be established. There will also be a Secretariat consisting of officials on the permanent staff of the Department of Transport.
An official of the Department of Transport designated by the Director-General of Transport will chair the Executive Committee. The Director-General or a person authorised by him or her must appoint the chairpersons for the subcommittees,
The subcommittees will assess policy and make recommendations to the Executive Committee concerning policy changes.
SASAR must, within its available means and capabilities, coordinate search and assist with rescue operations for survivors of civil aircraft accidents, and crews
and passengers of civil vessels in distress. The Director-General of Transport, who must establish rescue coordination centres and subcentres and who must designate search and rescue regions, coordinates the rescue operations.
All South African aircraft must register their emergency locator beacons with the South African Civil Aviation Authority and all South African vessels must register the emergency position-indicating radio beacon with the Maritime Rescue Coordination Centre. Both bodies must keep a register of locator beacons and must make data from these registers available to the appropriate rescue coordination centres. All aerodomes and all provinces must file emergency plans with the aeronautical Rescue Coordination Centre.
There is a duty placed on every person who reasonably believes that an aircraft or vessel is in distress to notify the nearest search and rescue agency or police station.
2.2 The Role of SASAR
The South African Search and Rescue Organisation (SASAR) comprises the executive committee, chaired by the head of the South African Search and Rescue Services, and two subcommittees - the Maritime Subcommittee and the Aeronautical Subcommittee. SASAR's main function is to search for, assist and, if necessary, rescue survivors of aircraft accidents or forced landings, vessels in distress and survivors of accidents at sea.
It is also charged with coordinating the various government departments, voluntary' organisations, private aircraft and shipping companies in the field of search and rescue, and with formulating policy and procedures. SASAR's area of responsibility corresponds with that laid down by both the International Civil Aviation Organisation and the IMO.
The Department of Transport, South African National Defence Force, Telkom,
Portnet, South African Airways, South African Police Services, the Department of
Posts, Telecommunications and Broadcasting, Safair Freighters (Pty) Ltd and the
National Sea Rescue Institute are members of SASAR, and contribute services
and/or facilities for use by SASAR.
2.3 Maritime administration, legislation and shipping
South Africa's maritime administration and legislation is the responsibility of the
Department of Transport and is controlled on its behalf by the South African
Maritime Safety Authority (SAMSA) in terms in terms of the South African
Maritime Safety Authority Act, 1998 (ActS of 1998).
The broad aim of SAMSA is to maintain the safety of life and property at sea within South Africa's area of maritime jurisdiction and to ensure the prevention of sea pollution by oil; and other substances emanating from ships. The Department of Environmental Affairs and Tourism is responsible for the combating of pollution and has specific means at its disposal such as the Kuswag vessels with which to perform this function.
The authority is responsible for the introduction and maintenance of international standards set by the International standards set by the International Maritime Organisation (IMO) in London, with respect to:
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Ship construction'
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Maritime training and training curricula;
Watch-keeping;
Certification of seafarers;
Manning and operation of local and foreign ships;
Maritime search and rescue'
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Marine communication and radio navigation aids; Pollution prevention.
SAMSA has an operation unit, policy unit and a corporate support division to handle all financial, human resources and information technology issues. Other functions include the registration of ships, the development of a national port authority, the establishment of a coastal patrol service and the management of marine casualties and wrecks.
South Africa is in the process of implementing a ship register, which will cater for bareboat charters. By January 1998, there were 1 022 vessels on the South African register. The South African Marine Corporation (Safmarine), Unicorn Lines and Griffin Shipping are South Africa's predominant shipping lines. Their fleets of container, oil tanker, general cargo and bulk cargo vessels not only operate between South African ports, but also operate as cross-traders to other parts of the world.
Finalised cooperation in the field of merchant shipping between South Africa and individual governments of seafaring nations of the world at large has in the past been virtually non-existent. Recently, however, South Africa has entered into maritime shipping agreements. South Africa has signed agreements with six countries namely the Netherlands, Mozambique, Malaysia, Madagascar, Greece and Germany. South Africa has also entered into negotiations with ten countries including Russia Poland, Egypt. Iran and Cuba. Draft agreements have been exchanged with a further 15 countries including Mexico, Brazil and Argentina.
3. What is maritime security?
Maritime security traditionally deals with the 'law of the sea', that is, the enforcement of laws and regulations dealing with. for example, vessel safety regulations. In addition, the enforcement of marine conservation laws, the prevention of pollution from ships, and the conducting of sea rescues, are part of its area of concern.
There are a number of issues, which affect maritime security. These include illegal acts at seas that could easily develop into disputes and thus affecting maritime security in the region. These illegal acts include:
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Piracy
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Marine terrorism
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Drug trafficking
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Human smuggling
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Maritime theft and fraud
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Illegal fishing
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Environmental offences
4. International conventions on maritime security primarily conflicts,
The world's oceans have long been subject to the 'freedom of the seas' doctrine, i.e. a principle developed in the seventeenth century, essentially limiting national rights and jurisdiction over the oceans to a narrow belt of sea surrounding a nation's coastline. The remainder of the seas was proclaimed to be free to all and belonging to none. While this situation prevailed until the twentieth century, by mid-century, there was a growing impetus to extend national claims over offshore resources.
As maritime technology became more sophisticated, the oceans became increasingly more exploited in terms of resources such as oil, diamonds, gravel, metals and fish stocks. Consequently, the competing claims of nations over the rich resources of the seas threatened to become a source of tension and conflict, and the doctrine of the 'freedom of the seas' appeared increasingly outdated. Clearly, the time had arrived for stability, co-operation and a better management of ocean resources by the various maritime nations.
In 1958, a specialised United Nations (UN) agency, the International Maritime Organisation (IMO), was established, with responsibility for improving maritime safety; preventing pollution from ships; and overseeing the process of liability and compensation, especially in relation to damage caused by pollution. In addition, the IMO was given the task of ensuring that a number of international conventions. which had already been developed. were kept up to date. These conventions included the International Convention for the Safety of Life at Sea. 1 948. and the International Convention for the Prevention of Pollution of the Sea by Oil, 1954.The IMP was also given the task of developing new conventions as and when the need arose. It is now responsible for more than 40 international conventions and agreements and has adopted numerous protocols and amendments. IMO conventions provide the means for international uniformity after they are adopted by international conferences. Governments undertake to give effect to the provisions of conventions they accede to, or ratify. by promulgating their own domestic laws, decrees. orders or regulations. Some of the conventions adopted by the IMO have included the following:
International Convention for the Safety of Life at Sea, 1960
This was an urgently needed updated version on the 1948 convention, which dealt with the issue of maritime safety.
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International Convention for the prevention of Pollution from Ships, 1973
This convention was in response to the growing instances of oil spillage from oil tanker accidents. However, the convention also covered pollution by chemicals, goods in packaged form, sewage, garbage and air pollution.
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Convention on the International Regulations for preventing Collisions at Sea, 1972
This convention was designed to update and replace earlier regulations on collisions.
International Convention on Maritime Search and Rescue, 1979
This convention was aimed at developing an international Search and Rescue (SAR) plan, with the aim of establishing a uniform SAR procedure, which could be implemented regardless of where the accident occurred.
Other measures introduced by the IMP have concerned the safety of containers.. bulk cargoes, liquefied gas tankers and other ship types. Special attention has been paid to crew standards including the adoption of a special convention on standards of training, certification and watch keeping.
In addition to these efforts by the MO, attempts also began to be made to regulate the use of the oceans in a single convention that was acceptable to all nations. These efforts finally culminated in the adoption of the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
United Nations Convention on the Law of the Sea, 1982
UNCLOS has gained nearly universal acceptance since its entry into force on 16 November 1994. It provided, for the first time, a universal legal framework for the rational management of marine resources and their conservation for future generations. It enshrines the notion that all problems of ocean space are closely interrelated and need to be addressed as a whole. The full text of the Convention comprises 320 articles and nine annexes, governing all aspects of ocean space. such as delimitation. environmental control, marine scientific research, economic and commercial activities, transfer of technology and the settlement of disputes relating to ocean matters. Today, UNCLOS is the globally recognised regime dealing with all matters related to the law of the sea.