GMA pushes for maritime industry overhaul, but how?

President Gloria Arroyo has recently urged for an overhaul in the maritime industry. How this will be done when two maritime agencies can’t seem to work effectively, much more efficiently maybe a scheme that will need an overhaul in mindset and business ethics first before doing anything organizational. Also what is there to overhaul when the shipping industry is not even in order.

 If President Arroyo does not want to be deceived or twirled on the fingers by her advisers, it is time she examine realities in the face herself rather than rely on what her advisers are telling her. The president’s advisers can sometimes be like wolves in sheep skins. Taking cue from scripture in Genesis 32, these advisers can be like Jacob, who in a sinister move to get the birthright that rightfully belonged to his brother Esau, tricked his father Isaac by impersonating Esau. Perhaps in a desperate attempt to save their hide and cover their asses in the recent MV Blue Water tragedy, these maritime officials or advisers may have been doing all forms of impersonation if only to lead the president to believe that everything sails smoothly with the maritime industry.

But Matthew 4:22 gives a very strong caveat to impersonators when Jesus said, “there is nothing hid, which shall not be manifested, neither was anything kept secret but that it should come abroad.”

In making manifest Madam President, the maritime industry is in chaos and unless it is overhauled of its corruption and unmasked of its discord, we could be heading for more sea disasters that may take a disastrous toll on our domestic economy and international commerce. Unsafe ships are not profitable ships. Maritime agencies mired in indifference, discord and fractiousness are most likely impersonators and impostors that in the long term will sink industry growth.

The biggest single disaster of the maritime industry in the Philippines is its lack of maritime laws or legislative framework.

For lack of legislative framework in maritime, transport or transport security and for legal perforations of existing maritime laws, the shipping industry has become a potpourri of auxiliary and conduit industries working in isolated and fragmented fashion. The shipping industry covers the entire spectrum including port operation and terminal management, logistics supply chain, cargo handling and even shipbuilding. But the jumble of maritime laws have found functions and services of these conduit and auxiliary industries duplicate and complicate

RA 9295 purports to be the Domestic Shipping Law but it is a law only for the creation of Maritime Industry Authority. There is the Philippine Ports Authority that covers only ports under its jurisdiction, the Department of Transportation and Communications that covers ports and infrastructures not under PPA, the Coast Guard for port state control and search and rescue missions and the Office for Transport Security for transport security. If Coast Guard says it will enforce maritime laws, which laws? Definitely, they cannot enforce RA 9295 because they are not legally bound by that law.

Granted that Coast Guard are into search and rescue operations, how is it that it took them five hours before they could respond to the MV Blue Water sinking. In fact, it had to take the National Disaster and Coordinating Council to inform Coast Guard that there was a sea accident in Quezon Province. And if Marina is truly into safety enforcement, why couldn’t they have checked the stowage plan of the 400-ton MV Blue Water. Improper stowage reportedly caused the ship to lose stability and fall on its side. Maneuverings and subterfuge among ships, ports and authorities are prevalent or senseless tragedies like these would have been avoided.

That the Bureau of Customs has been ranked as one of the most corrupt agencies in government is a haunting indication that subterfuge in the ports is real because there is no clear agency, much more laws governing cargo, port and transport security.

To say that we have a comprehensive maritime law is unheard of. The US and UK have their homeland and transport security laws. We have two maritime bills pending in Congress and that’s as far as it goes, it’s still pending.

Madam President, when you reprimanded the Coast Guard and the Maritime Industry Authority about their delay in probing the ferry sinking, they may have just laughed under their teeth. You see, you gave them the impression that you didn’t know anything about maritime, its justice system, and how maneuverings in the industry work. Granted you designate Coast Guard to probe the tragedy, would they prosecute co-equal agencies like Marina, DOTC or OTS if it is found that these agencies are culprits in disasters?

Like Isaac, Madam President, you have been tricked with impersonation. You may have to be the one to swing the sword if you want an overhaul in the maritime industry. And this time, don’t be deceived with vain words or clothes, get to their skins.