“Those who cannot remember the past are condemned to repeat it.”
It was the philosopher and writer George Santayana who wrote that in his book, The Life of Reason. There is wisdom in that quote, don't you think?
It was precisely what I had in mind when I commented during the joint hearing of the Committee on Transportation and the Committee on Oversight regarding the MV Princess of the Stars tragedy. I said that first, the committees should focus on the legislation that we will produce from the testimonies in the hearing. Second, we must learn from the lessons of the past so that we will be able to come up with relevant legislation that will prevent, or at least make the repeat of the accident least likely.
When I said that we should learn from the past, I was referring to a specific case in the past, where another Sulpicio Lines ship, the Princess of the Orient, was given clearance to sail out of the port of Manila while a storm was in the Philippine area of responsibility, encountered rough seas and winds, and eventually sank off the Batangas Coast.
With both ships owned by the same company, it is eerie that they had similar circumstances during their final voyage. On second thought, was it eerie or unsurprising? Sulpicio Lines has several ship tragedies in its wake, including the worst sea disaster in history.
Well, as I said in the beginning, we should learn from the mistakes of the past.
The Board of Marine Inquiry which investigated the sinking of the Princess of the Orient and found the master of the ship guilty of erroneous maneuvers and the crew responsible for the substandard lashing of the cargo which resulted in its fatal shifting.
The BMI ended the report with numerous recommendations borne out of the inquiry they conducted. It was a productive inquiry, with a determination of culpability and concrete proposals for the maritime industry. And the final paragraph of the report gave a grim reminder and a chilling forecast. The Board said:
"...considering the facts and recommendations presented in this report, all of us would agree that there are still more things to be done to rectify the situation. Some of the recommended program of actions needs to be addressed by Congress. It is on this light that the Board is respectfully requesting Congress to legislate the afore-cited recommendations necessary to reform the present system in maritime safety administration. Tragedies such as the M/V Princess of the Orient incident and others like it in the past are likely to recur unless concrete measures are undertaken to reform the present system."
What are those recommendations which the BMI believed would reform the system and prevent the recurrence of such tragedies? I would like to share these recommendations, although in the interest of space, I'll just post the headings of the paragraphs per recommendation (in italics):
The BMI recommended the creation of a National Transportation Safety Commission (Maritime Division) which it saw as an "independent government agency to promote transportation safety (maritime safety in case of shipping) by conducting independent accident investigations and by formulating safety improvement recommendations".
The BMI recommended the formulation of a policy requiring the ship owner to submit new stability book (hydrostatic table) for ships that have undergone reconfigured construction prior to registration.
The BMI recommended that all alteration plans of existing ships in the domestic trade must be reviewed by an internationally recognized Classification Society.
The BMI recommended that any proposed alteration of the original ship's design shall have a written consent and approval of the original builder of the ship.
The BMI recommended that shipowners shall be required to submit the stowage plan and stability calculation of their ships to the Philippine Coast Guard prior to the issuance of departure clearance.
The BMI stressed the "need to repair the weighing bridge at North Harbor".
The BMI recommended that Shipowners shall be required to develop an "in-house" training for their seafarers particularly focusing on emergency shipboard evolutions, cargo handling procedures, stability calculations, ship handling on emergency situations, among many others.
The BMI recommended that the Philippine Coast Guard and the Maritime Industry Authority should ensure that their personnel are technically competent and qualified to undertake marine survey/inspection of ships and to issue corresponding safety certificates.
The BMI emphasized the "need to institutionalize a Safety and Quality Management System in the Shipping Industry and the concerned Government Offices.
The BMI recommended that the bill institutionalizing the Philippine Coast Guard with the Department of Transportation and Communications be fast tracked.
The BMI recommended the acquisition of state-of-the-art Search and Rescue Vessels.
The BMI recommended the update of Communications requirements on all ships plying the domestic trade.
The BMI recommended the creation of a provisional Maritime Commission to look into the state of maritime safety in the country with the end in view of aiding maritime development in the Philippines.
Out of these thirteen recommendations, I know that at least five were not pursued by government.
One of these recommendations has been overdue for a long time now, with or without the recommendation of the BMI. The creation of a National Transportation Safety Board, an independent government body specifically tasked to investigate accidents in air, sea, and land (rail and public transport) which would determine the causes of these accidents, identify those responsible and propose measures that would prevent recurrence of such mishaps.
Anyone who has watched Air Crash Investigators in National Geographic Channel knows the importance of having such an agency. In that program, it shows how the US NTSB has made flying more safer due to the work they have done.
For example, there was a crash of a 747 back in the 90's which, after a thorough investigation by the NTSB, was determined to have been caused by the overloading of the electrical wiring of the entertainment system on board the aircraft. At that time, on board entertainment was in its infancy, with that particular aircraft being one of the first to use individual video screens for passengers. It turns out that when all the passengers simultaneously use their on board entertainment system, the electrical wiring gets overloaded and heats up. Eventually, it created a spark and ignited the jetfuel fumes circulating in the aircraft's wing.
The Princess of the Orient BMI recognized the need for such an agency, with particular stress on the body being independent. Their recommendation will result in the abolition of the BMI yet they proposed it anyway because they acknowledge that there could be an instance in the future when the Philippine Coast Guard itself will be in a cloud of doubt and investigated for its role in a maritime accident. Being a part of the BMI, it would be an awkward, if not incorrect situation where the investigator is tasked to investigate itself.
Having said that, the question is “Who needs to act on the proposal?”
Well, as the BMI report correctly pointed out, it is Congress' role to do it. A law needs to be passed in order to put life into that recommendation. But sad to say, Congress has failed to do it. It has been nine years from the time the recommendation was made but up to this day, we are still operating under the conditions that prevailed during the time of the Princess of the Orient's sinking. What was it that Santayana said about those who don't remember the past.....?
I first filed the bill creating the NTSB back in 2004 during my second term. Alas, the 13th Congress came and went but the bill slept in the files of Congress, not earning the interest of the committee. I re-filed it this Congress last July 2007 but up to today, it has not been taken up in a hearing. Ironically, the committee to which this bill was referred to is the same Committee doing the inquiry into the tragedy of the MV Princess of the Stars. Sad to say, it even seems that no one has noticed that there are bills pertaining to the maritime industry, several of which were borne from the BMI's recommendations, that are pending in that committee.
That's why on the day of the hearing, I issued a press statement highlighting the need to focus on the legislation pending in Congress in order to drum up public consciousness on the role that Congress is playing in this drama. We are not there to render judgment but to provide policy through legislation.
As a consequence of the recommendations of the BMI in 1999 and in pursuit of reforms in the maritime industry and , I filed the following bills in 2007:
House Bill No. 70 - AN ACT ESTABLISHING THE PHILIPPINE COAST GUARD AS A SEPARATE AND DISTINCT SERVICE ATTACHED TO THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, FURTHER AMENDING REPUBLIC ACT NO. 5173, AS AMENDED AND FOR OTHER PURPOSES
House Bill No. 73 - AN ACT ESTABLISHING THE MARITIME AND OCEAN AFFAIRS CENTER AS AN ATTACHED AGENCY OF THE DEPARTMENT OF FOREIGN AFFAIRS, PROVIDING FOR ITS FUNCTIONS AND RESPONSIBILITIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
House Bill No. 77 - AN ACT CREATING A NATIONAL TRANSPORTATION SAFETY BOARD, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
House Bill No. 78 - AN ACT INCREASING THE PENALTY IMPOSED AGAINST POLLUTERS OF NAVIGABLE WATERS BY AMENDING SECTION 7 OF PRESIDENTIAL DECREE NO. 979 PROVIDING FOR THE REVISION OF PRESIDENTIAL DECREE NO. 600 GOVERNING MARINE POLLUTION
House Bill No. 87 - AN ACT CONSOLIDATING ADMIRALTY AND MARITIME LAWS TO MODERNIZE THE MARITIME INDUSTRY, PROMOTE AND REGULATE MERCHANT MARINE ACTIVITIES, RATIONALIZE THE ORGANIZATION AND FUNCTIONS OF GOVERNMENT AGENCIES RELATED TO ADMIRALTY AND MARITIME MATTERS, AND INSURE THE PROTECTION OF THE MARINE WEALTH IN THE PHILIPPINE TERRITORY
These bills provide the starting point for Congress to work for the development and enhancement of maritime safety in the Philippines. It is ironic that in spite of being an archipelagic country with more than 7,000 islands and heavy dependence on sea-going vessels for transport of people, services, goods and cargo, we seem to be taking these matters lightly.
Of course it cannot be avoided that during the hearings, the questions asked would touch on who is liable, but in the end, we should come up with ways to provide solutions. But we need not look too far for the solutions. All we need is to remember the past, in order not to be condemned to repeat it.
4 comments:
Ships, including roro ferries such as the 'Princess of the Stars', are a very safe mode of transport - far safer than aircraft or automobiles. Sadly, roro ferries have had numerous high profile accidents, with serious loss of life. The Herald of Free Enterprise in Zeebrugge Harbour, Belgium, the Estonia, the Egyptian ferry two years back. The nations of western Europe in particular have sought to learn from these incidents, to identify the causes, to clarify the actions needed to reduce the risk in the future. Many Philippine men sail deep sea - many have been lost when bulk carriers have disappeared in heavy weather. Some years back when the British bulk carrier loaded with iron ore disappeared off Okinawa in a typhoon, the British Government, & the International Transport Workers Federation, mounted two deepsea expeditions to find, and analyze the wreck. The root cause of the loss of the ship with her crew of over 30 sailors is surprising, the end result of the investigation factored into the International Maritime Organization upgrading international standards for bulk carriers. After the loss of the tanker Prestige off northern Spain in 2002, the International Transport Workers Federation, Greenpeace & the International Wildlife Fund jointly wrote a public letter to the Secretary General of the United Nations decrying both the pollution from the loss of tankers, and the unnecessary loss of life of sailors on bulk carriers - all resulting largely from lax international standards. More recently, the French Courts held a major French oil company criminally responsible for the loss of a substandard tanker it had chartered, resulting in the company paying out hundreds of millions of Euros in compensation.
The Philippine people have a sad history of many recent maritime disasters, with passengers, who should have the right to expect safe transportation, paying with their lives.
A National Transportation Safety Board, if independent of outside influences, could do much to identify problems, and point to feasible solutions, without assigning blame. Many, perhaps most, shipowners would welcome such reports, provided the results were enforced equitably. Safety is expensive; accidents are far more expensive. Lets us hope the victims of this recent tragedy did not die in vain, and the a National Transportation Safety Board may be one of their lasting memorials.
Sir,
A year ago you wrote: “Those who cannot remember the past are condemned to repeat it.”
It is also a year since I responded twice to your 'blogs' about the sad, and likely needless, loss of the 'Princess of the Stars' , with the resulting serious loss of life, and misery inflicted on the Philippine people.
Since that time, I have followed the case in the news, as best I can from far way. Although I read the reporting on the BMI Report (the Report itself apparently not being publicly available), and I read of the blame for allowing the ship to sail. The decision to sail into heavy weather was of course, in hindsight, a poor decision - it guaranteed the passengers a miserable trip, however it should not have cost them their lives.
Many ships sail in heavy weather, infact very few are lost. Nowhere have I been able to read of the actual cause of the loss of this ship; what factors contributed to ,and eventually caused the loss.
I refer to your earlier call for a National Transportation Safety Board (NTSB), your earlier proposed legislation (13th Congress, draft Bill # 225).
For instance, the Panamanian Flag State report on the sinking of the (Egyptian) ferry 'Al Salam Boccaccio 98' with the loss of over 1000 lives in February 2006 pointed out some serious organizational and operational deficiencies. In particular, how a modest fire escalated into the loss of the ship makes an interesting comparison to the handling of a similar fire onboard the 'Joseph & Clara Smallwood' three years previously (Canadian TSB report M03N0050).
The Liberian report into the sinking of the passenger vessel 'Explorer' off Antarctica in November 2007, by the Grace of God with no loss of life, brought to light several structural and organizational issues, as well as how narrowly a serious disaster was averted.
These incident reports, while not establishing fault or liability, do provide information for regulatory authorities, ship's officers, politicians & the public to understand & hopefully avert similar future instances. By public disclosure, they put pressure on all involved parties to maintain standards, as they are aware they may be held publicly accountable.
A year ago I wrote:
"After the loss of the ferry 'Estonia' was 900 lives in 1994, the Baltic countries moved to establish the most stringent & safest ferry operations in the world, in some respects surpassing international standards. Hopefully the people of the Philippines will now have the political will to do likewise."
You responded:
"Hopefully the people of the Philippines will now have the political will to do likewise Yes, I am hoping for the same. Specifically, I hope the Legislature will have the political will to do it. That is part 4 of my series on the tragedy."
I note Part 4 went on to say: "The BMI recommended the creation of a National Transportation Safety Commission (Maritime Division) which it saw as an "independent government agency to promote transportation safety (maritime safety in case of shipping) by conducting independent accident investigations and by formulating safety improvement recommendations". (As requested by IMO Resolution A.849(20) - CODE FOR THE INVESTIGATION OF MARINE CASUALTIES AND INCIDENTS - attached as part 2)
Hopefully the people of the Philippines will not forget those who lost their lives on the 'Princess of the Stars', but will demand a 'National Transportation Safety Commission (Maritime Division)' as perhaps their most lasting memorial.
(Part 2)
I also refer to resolution A849 of the 20th Assembly of the (United Nations ) International Maritime Organization. A few excerpts from IMO resolution A849(20) follow:
Resolution A.849(20)
Adopted on 27 November 1997
(Agenda item 11)
CODE FOR THE INVESTIGATION OF MARINE CASUALTIES AND INCIDENTS
NOTING ALSO that the safety of seafarers and passengers and the protection of the marine environment can be enhanced by timely and accurate reports identifying the circumstances and causes of marine casualties and incidents,
CONSIDERING the need to ensure that flag States are required, under the aforementioned conventions, to investigate all cases of serious and very serious casualties,
ACKNOWLEDGING that the investigation and proper analysis of marine casualties and incidents can lead to greater awareness of casualty causation and result in remedial measures, including better training, for the purpose of enhancing safety of life at sea and protection of the marine environment,
RECOGNIZING the need for a code to provide, as far as national laws allow, a standard approach to marine casualty and incident investigation with the sole purpose of correctly identifying the causes and underlying causes of casualties and incidents,
3. REQUESTS flag States to conduct an investigation into all very serious and serious marine casualties and to supply the Organization with all relevant findings;
The objective of any marine casualty investigation is to prevent similar casualties in the future. Investigations identify the circumstances of the casualty under investigation and establish the causes and contributing factors, by gathering and analysing information and drawing conclusions. Ideally, it is not the purpose of such investigations to determine liability, or apportion blame. However, the investigating authority should not refrain from fully reporting the causes because fault or liability may be inferred from the findings.
.8 Reports of investigations are most effective when released to the shipping industry and public.
14 Contents of reports
14.1 To facilitate the flow of information from casualty investigations, each report should conform to the basic format outlined in 14.2 below.
14.2 Reports should include, wherever possible:
.1 a summary outlining the basic facts of the casualty and stating whether any deaths, injuries or pollution occurred as a result;
.2 the identity of the flag State, owners, managers, company and classification society;
.3 details of the dimensions and engines of any ship involved, together with a description of the crew, work routine and other relevant matters, such as time served on the ship;
.4 a narrative detailing the circumstances of the casualty;
.5 analysis and comment which should enable the report to reach logical conclusions, or findings, establishing all factors that contributed to the casualty;
.6 a section, or sections, analysing and commenting on the causal elements, including both mechanical and human factors, meeting the requirements of the IMO casualty database; and
.7 where appropriate, recommendations with a view to preventing similar casualties.
(Information required in specific cases)
Cause and nature of water first entering ship
Other circumstances leading up to foundering
Measures taken to prevent foundering
I note in the international shipping industry press the enforcement of safety standards in the Philippines is increasing, & hopefully the incidents of the past will not be repeated in the future.
I have commented several times on your blog regarding maritime safety - after the loss of the 'Princess of the Stars'. I hope that in at least some very small way comments, such as mine, have contributed to the political will for improved maritime safety.
Last week, the press reported that the Philippine flag merchant ship 'Hokuetsu Delight' rescued many of my countrymen (actually they were students) after their sail training ship capsized & rapidly sank off the coast of Brazil. The Prime Minister of Canada publicly thanked the the merchant ships & the Brazilian navy for saving all 64 persons on board, 42 of whom were Canadian.
Seafarers recognize we are all citizens of one 'global community'& should help each other - hopefully some day that lesson will also be learned by those of us who live ashore.
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