Growing support for the Ship Registry bill

As one of the supporters of House Bill 4336 or the Philippine Ship Registry System Act, we were invited as one of the resource persons to represent the Philippine Association of Coastal and Inland Water Ferries Inc., the Filipino Association for Mariners Employment, and the Integrated Seafarers of the Philippines, in the first public hearing of the House Committee on Transportation on 17 November on the bill filed by Ilocos Norte Rep. Angelo Marcos-Barba.

We supported the proposed Philippine Ship Registry System Act since it will be like "hitting three birds with one stone." It is a long overdue bill that will affirm our commitment to comply with international maritime regulations and conventions, particularly, our compliance with provisions of the International Maritime Organization Member State Audit Scheme or IMSAS and, most importantly, with our obligation as Flag State to the United Nations Convention on the Law of the Sea or UNCLOS.

As mentioned in my previous column, ship registration is a vital function of a Flag State and is articulated in Article 91 (1) of UNCLOS emphasizing the right of every State to "fix the conditions for the grant of nationality and for the right to fly its flag." The same article provides that there "must exist a genuine link between the State and the ship." The purpose of this "genuine link" requirement under UNCLOS is to secure a more effective implementation of the duties of the Flag State under Article 94 of UNCLOS.

A core principle in international law is the freedom of the high seas, as laid out in Article 87 of UNCLOS, and, to balance this freedom with the necessity to avoid disorder and misuse, it has provided a framework for the regulation of shipping.

The Philippines, as an International Maritime Organization or IMO Member-State and a party to UNCLOS, must adhere to the provision of Article 94 — to effectively exercise its jurisdiction and control in administrative, technical, and social matters over ships flying its flag. Ship registration, therefore, plays an imperative function in the safety and security of maritime transport and significantly contributes to the protection and preservation of the marine environment.

The general mechanism for establishing a ship's nationality and for regulating shipping is the registration of the ship in a particular State and by linking a ship to a State, the system of ship registration manifests the right of the State to protect that ship under international law.

IMO has adopted and implemented several measures to support and enhance Flag, and Port State jurisdiction and enforcement, among which is the IMSAS.

It is confirmed that the IMO is scheduled to subject the Philippines to an IMSAS audit in October 2023 on the country's compliance with five IMO Conventions: STCW, SOLAS, MARPOL, Load Lines, and Tonnage Measurement. Critical to this audit is the passage of the proposed Ship Registry bill.

The public hearing on the proposed Ship Registry Act is only the first, but we are hopeful of its enactment since all the invited resource persons, including leading industry stakeholders engaged in domestic and overseas shipping as well as officials of Transportation and Foreign Affairs departments, Maritime Industry Authority and Philippine Coast Guard, have all expressed full support for the passage of the bill.

Surprisingly and also heartwarming to note that, during the hearing, some members of the House committee chaired by Antipolo City Rep. Romeo Acop have shown keen interest in the passage of the measure; notably General Santos City Rep. Loreto Acharon, Rizal Rep. Jose Arturo Garcia, and especially Palawan Rep. Jose Alvarez.

Notwithstanding this strong support for the bill, we see some areas that can still be enhanced further to make it more effective such as in enforcing maritime laws and in attracting foreign shipowners to come and investing in the country by registering their ships and flying the Philippine flag.

We will share more of these humble proposals to further improve the long overdue bill in our next issue.