Law Summary
Purpose of the Advisory
The MARINA Advisory No. 2009-11, issued on June 15, 2009, aims to enhance the security of Filipino seafarers and crew members aboard Philippine-registered ships in response to piracy and armed robbery against ships.
- Objective: To disseminate practical measures and guidance for seafarers to survive potential hostage situations during piracy attacks.
- Context: This advisory is a direct response to discussions at the 86th Session of the IMO Maritime Safety Committee (MSC86) held from May 27 to June 5, 2009.
Dissemination Requirement
All shipping companies and relevant maritime entities are mandated to disseminate the attached UN Guidance on surviving as a hostage to their seafarers and crew.
- Obligation: Shipping companies must ensure that all crew members are informed about the practical measures outlined in the UN Guidance.
- Source: The guidance is derived from the "Security in the Field - Information for Staff Members of the United Nations System" and was referenced in document MSC86/WP.7/Add.1.
Compliance and Implementation
The advisory stresses the importance of compliance from shipping companies and maritime entities.
- Compliance: Companies are expected to take action to implement the recommendations provided in the advisory.
- Responsibility: The onus is on shipping companies to ensure timely and effective dissemination of the guidance.
Key Definitions
- Piracy: Refers to acts of robbery and violence at sea, which pose threats to the safety of seafarers.
- Seafarers: Individuals employed on board ships, particularly those under Philippine registration.
No Specific Penalties Outlined
The advisory does not specify penalties or liabilities for non-compliance; however, failure to implement safety measures may expose maritime entities to legal liabilities should incidents occur.
Cross-References
- The advisory references the United Nations (UN) and International Maritime Organization (IMO) guidelines, emphasizing the importance of international cooperation in addressing maritime security issues.
Key Takeaways
- The MARINA Advisory No. 2009-11 provides essential measures for Filipino seafarers to enhance their safety during piracy attacks.
- Shipping companies are required to disseminate the UN Guidance to all crew members.
- Compliance with this advisory is crucial for the protection of seafarers, although specific penalties for non-compliance are not articulated in the document.
This advisory underscores the proactive steps necessary to safeguard seafarers in a global maritime environment increasingly affected by piracy.