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Proactive approach needed to clean up maritime sector

THE National Bureau of Investigation (NBI) should be commended for carrying out a thorough and relatively swift investigation into the responsibility for February’s disastrous oil spill off Mindoro. However, the scope of the investigation, taken together with the country’s often dubious record of maritime safety, indicates that much more can and should be done to clean up this critical economic sector.

As reported on Wednesday, the NBI filed criminal complaints with the Department of Justice (DoJ) against 35 government and private individuals in connection with the sinking of oil tanker MT Princess Empress off the coast of Naujan, Oriental Mindoro last February 28. The accident resulted in the spillage of almost all of the vessel’s cargo of 800,000 liters of industrial fuel oil, causing enormous environmental damage.

Charges were filed against officials of the ship’s parent company, DC Reield Marine Services Inc., crew members of the MT Princess Empress, 19 Philippine Coast Guard (PCG) personnel, and officials of the Maritime Industry Authority (Marina) in Region 5 (Bicol). The charges contained a variety of serious allegations, including falsification of numerous documents related to the ship’s registry, failure on the part of the PCG to carry out a proper inspection of the vessel, negligence and perjury. It will now be up to the DoJ to prove all the charges in court, as the accused are presumed innocent until that happens and will have the opportunity to defend themselves.

Even if only some of the charges are found to be valid, however, the extent of the case is disturbing because the eventual disaster was not and could not have been the result of a single act, but rather the coordination — intentionally or otherwise — of several layers of oversight intended to prevent this sort of calamity from occurring.

The MT Princess Empress accident is by no means the first or, despite the huge amount of damage it caused to the environment and communities, even the most serious maritime accident the country has witnessed in the past few decades. There have been hundreds of smaller incidents as well, accidents that are perhaps not as newsworthy but are no less tragic for those involved. And while there are occasionally accidents that are truly accidents, caused by factors that could not have been anticipated and are beyond anyone’s control, the vast majority are caused by factors that can and should be controlled as a matter of routine — unsafe practices, insufficient regulation, corruption and greed.

It is our view that the maritime industry is not only one of the most vital economic sectors in the Philippines, but it is also the one with the greatest and most immediate potential for generating the substantial industrial growth the country needs to move into true, sustainable middle-income status and beyond. However, we cannot even hope to maximize our advantages of skilled human capital, limitless material resources and centuries of experience unless the domestic maritime sector as it currently exists is governed with prudence, professionalism and consistency.

We would suggest that the sweeping investigation of the MT Princess Empress disaster carried out by the NBI be considered the start of an effort to correct the flaws in the maritime sector, rather than a resolution. As we said at the outset, it is commendable that the NBI did its work thoroughly and efficiently; nevertheless, it is a reaction to problems, rather than a proactive approach to identifying and correcting potential problems before they lead to tragedy.

We believe there are two solutions to this. The first is the creation of a transportation safety body similar to the National Transportation Safety Board (NTSB) in the US. While the NTSB’s functions are indeed largely reactive as it normally only appears when some kind of accident has already occurred, it is forward-looking in that it has broad authority to compel changes in operating practices, regulations, and even the engineering of transport vehicles and infrastructure to prevent future accidents.

The second solution, which can be pursued regardless of progress on the first, would be to conduct a top-to-bottom critical assessment and audit of the maritime sector, including relevant government agencies, shipping operators, port facilities, and vessels and crews. As our maritime experts would almost certainly point out, most of the rules and guidelines necessary for safe and productive maritime activities are already in place; much could be improved simply by strengthening those.

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