PNG Governing Bodies and Maritime Laws/ Strategies used to address Sea Piracy

There are various government bodies that are responsible for combating sea piracy in PNG. They are the maritime institutions established under the umbrella of the Department Transport and Infrastructure. The National Maritime Service Authority (NMSA) is the government department responsible for the safety in the seas. It is the statutory body established by an Act of Parliament to carry out maritime safety needs of the general public, especially those in marginalized coastal areas, the maritime industry and their customers. (NMSA, 2020) In each of the maritime provinces in PNG a branch is established. All maritime laws established by NMSA is in line with the laws established by the IMO. The table below illustrates a link between international laws and PNG laws that can deal with sea piracy.

IMO Conventions	Related PNG laws
International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended	Merchant Shipping Act 1975 Merchant Shipping (Maritime Security) Regulation 2013 Merchant Shipping (Registration) Regulation 2015 Merchant Shipping (Safety) Regulation 2006
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) as amended, including the 1995 and 2010 Manila Amendments	Merchant Shipping (STCW) Regulations 2002

Additionally, the other national laws include the PNG maritime and merchant shipping legislations with their subsidiary regulations enacted under the umbrella of the IMO that are also applicable to crimes committed at sea. Below are some of these acts and regulations. The NMSA is the authoritative body to govern these legislations (NMSA, 2020)

1. National Maritime Safety Authority Act
2. Small Craft Act 2011
3. Protection of the Sea (Shipping Levy) Act 2003
4. Merchant Shipping (Navigational Aids Levy) Regulation 2014
5. National Maritime Safety (Regulatory Functions Levy) Regulation 2014

The PNG customs department is another governing body responsible to facilitate activities regarding sea piracy. It was established under Customs Act 1951. From the departments three core functions border and community protection is the first role of PNG customs in a way they prevent transnational crimes and ensure that supply chain security is effective. Since act of piracy is an offence conducted in the maritime industry the other governing bodies include the PNG Ports Corporation and Maritime Security Unit. These two institutions even though their roles and responsibilities are not related to dealing with sea piracy they are responsible bodies because they act in a way to ensure the safety of people in the maritime industry.

Thus, apart from the maritime institutions the PNG Defense and Police are the security departments of the country. In such manner, they are also responsible governing bodies that work collectively with the maritime institutions. These will be elaborated in the next chapter.

Strategies in place to combat sea piracy

The main strategy set in place to combat sea piracy is the Water Police. From the Police Department the water police unit is a special division established to work with the maritime governing bodies to mainly provide security. According to the police officer at Jomba Police station, water police is another division established to play the role as security guards of the seas and they work with the NMSA branch in Madang. The offenders if caught are charged using the maritime laws put in place by the NMSA. Madang and Morobe provinces have water police units established except Milne Bay. Deputy PM Steven Davis proposed to an establishment of naval base and water police in Milne Bay Province to combat transnational crime and sea piracy. The institutions were taken from the PNG Defense White Paper. Steven Davis who is also the Justice Minister and Attorney General was working with the Alotau MP Charles Abel, Milne Bay Administration and with support from Australia was looking forward to implementing the institutions. (Faiparik, 2020) In 2019 Acting Police Commissioner David Manning signed a memorandum of understanding (MOU) with the NMSA. The deal contains the following tasks, roles and responsibilities. (Post Courier, October 9^th 2019)

1. “Search and rescues response and coordination in an effort to safe lives.”
2. “Enhance both departments abilities and the implementation of crime prevention and water safety strategies.”
3. “Committed to give PNG the best operations and productive police force.”
4. The service level agreements (SLA) will enable both agencies to work closely and share resources such as vessels, buildings and boat facilities.
5. “The SLA will create trained water police and assets.”
6. “Creation of interoperable teams to help both organizations in their specific duties and provision of an improved collective search and rescue feedback, and enforcing maritime legislations.”
7. “Provide security in dealing with maritime crimes, acts of piracy, and deliver community policing activities.”
8. “Combat offshore crime and enhance border security and maintain port facilities.”

Since the first signing of the SLA deal, trained water police units were to be deployed to Milne Bay Province. All the points stated above are assumed to be applied in the province as less literature and reports are available to prove implementation of the tasks of the SLA. According to the same Post Courier report (October 19^th, 2019), Manning only stated about the plans and purposes of what the Police and NMSA were planning to do after the agreement. Furthermore, Manning also stated about extending similar strategies to the other maritime provinces in PNG as well as working with other maritime institutions such as the PNG Customs, National Fisheries Authority and the PNG Ports Corporation.

 The other strategy is the anti-piracy coalition PNG sought for with Australia and the United States (US). According to Sky News (11^th January 2019) PNG requested Australia and the US to support its anti-piracy efforts through the set up of a joint coast guard or maritime police force. The response from was taken into consideration by the Australian Home Affairs Minister Peter Dutton (Sky News, 11^th January 2019). In light with the request, PNG has received four boats and a vessel from Australia for maritime security purposes. These boats were received by three different government departments; The PNG Defense Force, NMSA and PNG Customs. The Guardian class patrol boat was the first of four received by the PNG Defense. The boat will be used to do regular maritime surveillance to ensure maritime safety and preventing maritime crimes.  (NAVALTODAY.COM, 2020) The NMSA was delivered a rescue vessel to conduct is duly roles and responsibilities in the maritime industry. (Maritime, 2017) Moreover, Australia delivered three patrol boats to the PNG Customs to enhance maritime security. Additionally, the main purpose for the delivery these boats was to provide security during the Asia Pacific Economic Cooperation (APEC) Meeting in 2018. Thus, PNG have these boats currently to strengthen the maritime security and enforce the maritime legislations.