Ghana needs new law on marine pollution

Until an enabling Act is passed to give effect to the provisions of the International Maritime Organisation (IMO) Conventions on Marine Pollution, the UN Convention on Sea cannot be applied in Ghana.

Unfortunately, Ghana's Marine Pollution Law formulated in 1964 has not seen any review to address emerging issues and has been described as outmoded.

Mr. Alexander G. Buabeng, IMO Consultant, said this at the opening of a three-day workshop on Ghana's off-shore oil production under the theme: "Building partnership for the prevention on marine pollution and effective oil spill response.”

The workshop, organised by Ghana Maritime Authority, has a target audience from the legislature, maritime industry, Environmental Protection Agency, the oil exploration and marketing companies, ministries, departments and agencies and academia.

Mr. Buabeng noted that under the old law, a ship posing a threat to the marine environment while exercising its right of innocent passage through the territorial sea of Ghana could not be dealt with under the regime unless the law was reviewed.

He explained the law was under review to conform to other international conventions and laws like the amended International Convention from the Prevention of Pollution for Ships 1973 also referred to as "Marpol" convention.

The Marpol convention aims at achieving complete elimination of international pollution of the marine environment by oil and other harmful substances from ships and minimise the accidental discharge of such substances.

He explained that though the provisions of the Marpol did not apply to any warship and naval auxiliary the state must adopt measures to ensure that such ships must act in a manner that is reasonable, practicable and consistent with terms of the Marpol.

Ghana has ratified annexes 1 and II of the Marpol Convention which are concerned with oil pollution, which do not cover animal and vegetable oils petrochemicals that are treated as noxious liquid substances.

"The mere ratification without the needed municipal laws will not achieve much," he added.

Mr. Buabeng said Ghana's outmoded law, which had been reviewed and put into a draft addressed the International Oil Pollution Prevention Certificate, control of operational discharges, reception facilities, prevention of pollution by noxious liquid substances, harmful substances, sewage and garbage from ships.

The new bill will incorporate International Convention on Oil Pollution Preparedness, Response and Co-operation, which was adopted in 1990 in London and Dumping of Wastes, CLC and Fund Protocols of 1992.

"There are over 23 schedules and miscellaneous provisions covering issues which are not covered by any IMO Convention or the Law of the Sea Convention. Needless to point out that Ghana is yet to ratify or accede to some of the conventions and protocols, which have been referred to in the new bill.”
Mr. Issaka Peter Azuma, Director-General of Ghana Maritime Authority, reiterated the need to have the legal regime to empower the various stakeholders carry out their duties without any hitch.