Page 72 - navstrat

NAVSTRAT-2030 NAVSTRAT-2030

 Acts of Legal Provisions Related to Terrorism and Piracy. Two of the leading  Hydrography - SLNHO
international instruments in this aspect are the IMO Convention for the ‘Suppression of  Disseminate Maritime Safety Information - SLNHO
Unlawful Acts against the Safety of Maritime Navigation (SUA) 1988’ and the Protocol  SAR operations assistance – through MRCC
for the ‘Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the  ISPS Code – SLN
Continental Shelf’. However, as far as Sri Lanka is concerned local laws enacted
complements these conventions (Suppression of Unlawful Acts against the Safety of
Maritime Navigation Act No. 42 of 2000 and the Piracy Act No. 9 of 2001). Ratification of SAR Convention and Incorporated into a Domestic Law

2
 Legal Provisions Related to Maritime Pollution. Jurisdiction of the above subject GoSL is vested with the responsibility over 1,778,062.24 km of maritime Search and Rescue
confirmed by article 211 of the 1982 UNCLOS led the Sri Lankan Government to adopt a Region (SRR) which is approximately 27 times of the landmass and share boundaries with
new Act, namely the ‘Maritime Pollution Prevention Act No 35 of 2008’ by revoking the Australia, India, Indonesia, and Maldives. Disaster preparedness and risk management pertaining
‘Marine Pollution Prevention Act, No. 59 of 1981’. Similarly, few other legislations were to maritime search and rescue in particular, are vital for a coastal state like Sri Lanka.
inspired by the UNCLOS, namely the ‘National Environmental Act, No. 47 of 1980’
th
empowering the Central Environmental Authority to formulate national environmental On 10 April 2014 SLN become the national responsible authority for the conducting of maritime
policy and the ‘Coast Conservation Act, No. 57 of 1981’ providing provisions for SAR operations in Sri Lanka SRR. Executing the responsibility, MRCC Colombo at Navy
protection of the marine environment and other ecosystems, such a coral reefs, mangroves Headquarters coordinate assistance to vessels in distress by all possible means. The maritime SAR
and estuaries. services to some extent are embodied in the ‘Department of Coast Guard Act No. 41 of 2009’.
Further, institutions such as Aeronautical Rescue Coordination Centre (ARCC), Department of
 Legal Provisions Related to Drug Trafficking. There are three major existing Fisheries and Aquatic Resources (DFAR), Colombo Radio, other Rescue Coordination Centres
international drug control treaties. The ‘Single Convention on Narcotic Drugs of 1961’ (as and SLAF act with SLN when providing the Search and Rescue facilities.
amended in 1972), the ‘Convention on Psychotropic Substances of 1971’ and the ‘United
Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Unfortunately, no efforts are made to incorporate the ‘SAR Convention’ in the country for a proper
of 1988’. However, only Article 17 of the 1988 convention and UNCLOS have provisions and unified mechanism to handle all types of search and rescue operations including maritime
related to the suppression of Narcotic drugs trafficking at the sea. Meanwhile, domestic search and rescue. The incorporation of ‘SAR Convention’ will fulfil the needs of the country to
legislations related to narcotics; the ‘Penal Code (Ordinance No 02 of 1883)’, ‘the Poisons, regulate the execution of maritime search and rescue operations in Sri Lanka.
Opium and Dangerous Drugs Ordinance No 17 of 1929’ (amended by Act No 41 of 2022),
‘the Cosmetic, Devices and Drugs Act No 27 of 1980’, ‘Customs Ordinance of 17 of 1869’ Implementation of International Ship and Port Facility Security Code (ISPS Code)
(amended by Act No. 19 of 2013’, ‘Ayurveda Act No 31 of 1961’ (amended by Act No 19
of 2023) and the ‘Conventions Against Illicit Traffic Narcotic Drugs and Psychotropic
Substances Act No 1 of 2008’. In this regard the ‘Narcotic Drugs and Psychotropic The ISPS Code is a comprehensive set of measures to enhance the security of ships and port
Substances Act No 1 of 2008’ authorizes law enforcement activities related to drugs at sea. facilities, developed in response to the perceived threats to ships and port facilities in the wake of
the 9/11 attacks in the US. The ISPS Code is implemented through Chapter XI-2 Special measures
 Legal Provisions related to Irregular Maritime Migration. In order to regulate to enhance maritime security in the International Convention for the Safety of Life at Sea
immigration and emigration of individuals to and from Sri Lanka, the ‘Immigrants and (SOLAS).
Emigrants Act No. 20 of 1948’ has been enacted. This was amended by Act No. 16 of 1955
and Act No. 68 of 1961. However, due to the surge in illegal migration especially over the Prior to the year 2023 Sri Lanka does not possess a legislative instrument implementing the ISPS
seas, the Sri Lankan legislature made further amendments to the Immigrants and Emigrants Code, Commander of Navy was appointed as the Designated Authority for implementing the ISPS
Act through the Act No.16 of 1993 and Act No. 42 of 1998. In light of the legal Code by the Minister of Ports and Aviation via Ministry of Ports and Aviation letter No. AD/2
discrepancies that have arisen and continue to arise with regard to the provisions set out in M14 dated 20 May 2004 as per the directive of IMO. Finally, the ISPS Code fully came into
the Immigrants and Emigrants Act in an attempt to curtail the smuggling of migrants operation in Sri Lanka with effect from 14 June 2004 on a trial basis.
illegally, an additional amendment was made to the main Act by imposing the Act No. 31 st
of 2006. Through such amendments, aiding and abetting illegal migration through forged By the Gazette No 2320/35 dated 21 February 2023 – Merchant Shipping (Special Measures’ to
and fraudulent documentations and processes are deemed offences under the provisions. enhance maritime security) Regulations, No 01 of 2023 are made with regard to the Merchant
The activities related to prevention of Human Trafficking are basically governed by Shipping Act No.52 of 1971 to implement the ISPS Code and Commander of Navy was appointed
‘Convention on Preventing and Combating Trafficking in Women and Children for as the Designated Authority for implementing the ISPS Code under the regulation 26.
Prostitution Act, No 30 of 2005’ and the penal code (amendment act No. 16 of 2006). Further, following IMO instruments mentioned below can be divided in two categories such as
party and none party by Sri Lanka and some are not domesticate by way of implementing Act as
 Legal Provisions Related to Maritime Safety. The activities related to maritime safety
are basically governed by the ‘Merchant Shipping Act No. 52 of 1971’ and also the relevant even Country is a party to the convention. As because Sri Lanka follows a dualist approach,
clauses of the ‘Admiralty Jurisdiction Act No. 40 of 1983’ and subsequent regulations whereby signed international conventions require the passing of enabling statutes for incorporation
made thereafter. Some of the legal powers vested on Merchant Shipping Act are delegated into domestic law. Any convention that is not incorporated into local law by the Parliament only
has persuasive authority.
to SLN.

58 59