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Safety of domestic ferries: A scoping study of seven high-risk

countries
Anish Hebbar

Serdar Yildiz

Nadhir Kahlouche

Jens-Uwe Schröder-Hinrichs

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Hebbar, Anish; Yildiz, Serdar; Kahlouche, Nadhir; and Schröder-Hinrichs, Jens-Uwe, "Safety of domestic
ferries: A scoping study of seven high-risk countries" (2023). Reports. 73.
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 SAFETY OF
DOMESTIC FERRIES
A SCOPING STUDY OF
SEVEN HIGH-RISK COUNTRIES

ANISH ARVIND HEBBAR, SERDAR YILDIZ, NADHIR KAHLOUCHE &

JENS-UWE SCHRÖDER-HINRICHS

1 FEBRUARY 2023
Published by World Maritime University

DOI: http://dx.doi.org/10.21677/rep0123

© 2023, World Maritime University, Malmö, Sweden.

Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privileges and
immunities of the World Maritime University, in accordance with its Charter and provided for in the
Convention of Privileges and Immunities of the Specialized Agencies of 21 November 1947, including Annex
XII, as amended.

This report is copyrighted under the Universal Copyright Convention. Information and short excerpts from this
report may be reproduced without consent, with the exception of images whose copyright is identified, on
the condition that the complete reference of the publication is given. An application should be made to World
Maritime University, PO Box 500, SE 201 24 Malmö, Sweden, or by email: [email protected], for additional
rights.

______________________________

This report, as well as any data and any map included herein, are without prejudice to the status of or
sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name
of any territory, city or area. The responsibility for opinions expressed rests solely with their authors. Any
reference to firms or commercial products does not imply their endorsement by the World Maritime
University.

No representation or warranty is provided as to the accuracy or completeness of the information and data
contained in this report. Such information and data are considered current as of the date of this report;
however, there is no obligation or intention to update the information and data at any time after the date of
this report. This report may contain information or data obtained from third parties, and while it is believed
that any third party information or data is accurate, all such third party information or data has not necessarily
been independently verified.

The research was financially supported by the Lloyds Register Foundation through Interferry. The research
enjoyed academic freedom and LRF and Interferry did not interfere with the objectivity in the research or
steer the results in any way.

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Table of Contents
Acknowledgment ........................................................................................................................................vii

List of abbreviations ................................................................................................................................... viii

List of tables .................................................................................................................................................xi

List of figures .............................................................................................................................................. xiii

EXECUTIVE SUMMARY ........................................................................................................... xvii

1 INTRODUCTION ....................................................................................................................1

1.1 Background 1
1.2 Drivers and motivation for the study 2
Ferry fatalities .............................................................................................................................................. 2

Frequency and likelihood ............................................................................................................................. 3

Governing conditions ................................................................................................................................... 4

Attitude to safety ......................................................................................................................................... 4

1.3 Aim and objectives of the study 4

1.4 Structure of the report 7

2 METHODOLOGY ....................................................................................................................8

2.1 Approach and methodology 8

Task 1. Collection of accident and regulatory data ....................................................................................... 8

Task 2. Analysis of accident data .................................................................................................................. 9

Task 3. Analysis of regulatory data ............................................................................................................... 9

Task 4. Exploration of national political landscape ..................................................................................... 10

Task 5. Derivation of composite evaluation matrix .................................................................................... 10

Description of attributes in the evaluation matrix...................................................................................... 11

2.2 Scope and limitations of the study 14

3 BANGLADESH......................................................................................................................15

3.1 General information and characteristics of Bangladesh 15

Geography.................................................................................................................................................. 15

Demographics ............................................................................................................................................ 16

Political ...................................................................................................................................................... 17
 Economy .................................................................................................................................................... 18

3.2 Maritime profile of Bangladesh 19

Shipping ..................................................................................................................................................... 19

Inland water transportation ....................................................................................................................... 20

3.3 Inland water transport regulatory framework in Bangladesh 23

General overview of the legal framework .................................................................................................. 23

Institutional Framework............................................................................................................................. 26

3.4 Domestic ferry accidents in Bangladesh 29

Trends in accidents..................................................................................................................................... 29

Causal factors of accidents ......................................................................................................................... 30

Geographic distribution of waterways accidents ........................................................................................ 31

Concluding remarks about accidents in Bangladesh ................................................................................... 31

4 DEMOCRATIC REPUBLIC OF THE CONGO ............................................................................34

4.1 General information and characteristics 34

Geography.................................................................................................................................................. 34

Demographics ............................................................................................................................................ 35

Political ...................................................................................................................................................... 35

Economy .................................................................................................................................................... 36

4.2 Maritime and inland water transport profile 37

Maritime and inland Waterways in DRC..................................................................................................... 37

Classification of inland waterways in DRC .................................................................................................. 39

Waterways transport in DRC ...................................................................................................................... 40

Passenger ferry transport in inland waterways .......................................................................................... 41

Inland water transport fleet ....................................................................................................................... 43

4.3 Governance of maritime inland water transport 44

Institutional regulatory framework of maritime and inland water transport ............................................. 44

Maritime and inland water transport regulations ...................................................................................... 48

4.4 Domestic ferry accidents in the DRC 50

Trends in accidents..................................................................................................................................... 50

Causal factors of accidents ......................................................................................................................... 52

Geographic distribution of accidents .......................................................................................................... 53

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 4.5 Previous external funding for inland water transport in DRC 54

5 INDONESIA .........................................................................................................................55

5.1 General information and characteristics of Indonesia 55

Geography.................................................................................................................................................. 55

Demographics ............................................................................................................................................ 56

Political ...................................................................................................................................................... 57

Economy .................................................................................................................................................... 58

5.2 Maritime profile of Indonesia 60

Shipping industry ....................................................................................................................................... 60

Domestic ferry transport in Indonesia ........................................................................................................ 61

5.3 Domestic ferry transport regulatory framework in Indonesia 65

General overview of the legal framework .................................................................................................. 65

Institutional Framework............................................................................................................................. 68

5.4 Domestic ferry accidents in Indonesia 71

Trends in accidents..................................................................................................................................... 71

Causal factors of accidents ......................................................................................................................... 72

Geographic distribution of waterways accidents ........................................................................................ 73

6 NIGERIA ..............................................................................................................................76

6.1 General information and characteristics of Nigeria 76

Geography.................................................................................................................................................. 76

Demographics ............................................................................................................................................ 77

Political ...................................................................................................................................................... 77

Economy .................................................................................................................................................... 78

6.2 Maritime profile of Nigeria 79

Shipping ..................................................................................................................................................... 79

Inland water transportation ....................................................................................................................... 80

Passenger transportation in inland waters ................................................................................................. 82

6.3 Maritime regulatory framework in Nigeria 84

General overview of maritime regulators and regulations ......................................................................... 84

Governance of inland water transport ....................................................................................................... 87

6.4 Domestic ferry accidents in Nigeria 92

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 Trends in accidents..................................................................................................................................... 92

Causal factors of accidents ......................................................................................................................... 93

Geographic distribution of waterways accidents ........................................................................................ 94

7 THE PHILIPPINES .................................................................................................................96

7.1 General information and characteristics of the Philippines 96

Location and Geography............................................................................................................................. 96

Demographics ............................................................................................................................................ 96

Political ...................................................................................................................................................... 97

Economy .................................................................................................................................................... 98

7.2 Maritime profile of the Philippines 99

Shipping ..................................................................................................................................................... 99

Domestic passenger transport...................................................................................................................102

7.3 Domestic ferry transport regulatory framework in the Philippines 104

Regulators of domestic passenger transport and institutional framework ................................................104

Rules and regulations for domestic passenger transport ...........................................................................107

7.4 Domestic ferry accidents in the Philippines 109

Trends in accidents....................................................................................................................................109

Causal factors of accidents ........................................................................................................................110

Geographic distribution of waterways accidents .......................................................................................111

8 SENEGAL ........................................................................................................................... 114

8.1 General information and characteristics of Senegal 114

Location and geography ............................................................................................................................114

Demographics ...........................................................................................................................................116

Political .....................................................................................................................................................116

Economy ...................................................................................................................................................117

8.2 Maritime profile 118

Shipping ....................................................................................................................................................118

Inland waterways and passenger ferry transport ......................................................................................119

8.3 Maritime regulatory framework in Senegal 121

Applicable maritime regulations ...............................................................................................................121

Institutional framework for regulating maritime transport .......................................................................123

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 8.4 Domestic ferry accidents in Senegal 126
Database records ......................................................................................................................................126

The Le Joola casualty .................................................................................................................................126

Accidents involving migrant boats.............................................................................................................128

Inference from migrant boat accidents .....................................................................................................129

9 TANZANIA ......................................................................................................................... 130

9.1 General information and characteristics of Tanzania 130

Geography.................................................................................................................................................130

Demographics ...........................................................................................................................................131

Political .....................................................................................................................................................131

Economy ...................................................................................................................................................132

9.2 Maritime profile 133

Shipping industry ......................................................................................................................................133

Passenger transportation in inland waters ................................................................................................134

Passenger transportation in Zanzibar archipelago .....................................................................................136

9.3 Maritime regulatory framework in Tanzania 138

General overview of maritime regulators and regulations ........................................................................138

Governance of domestic passenger vessel transport .................................................................................142

9.4 Domestic ferry accidents in Tanzania 144

Trends in accidents....................................................................................................................................144

Causal factors of accidents ........................................................................................................................145

Geographic distribution of waterways accidents .......................................................................................146

10 EVALUATION MATRIX OF FERRY SAFETY .......................................................................... 148

10.1 Maritime Profile Index 148

Domestic ferry fleet...................................................................................................................................148

National population ..................................................................................................................................148

Size of navigable waters ............................................................................................................................149

10.2 Accident and Safety Index 150

Incidence of accidents and the trend .........................................................................................................150

Common types of accidents and severity of the consequences .................................................................151

Regulatory quality .....................................................................................................................................153

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 Alignment with IMO model regulations ....................................................................................................154

Feedback from interviews on individual countries ....................................................................................155

10.3 National Political Landscape Index 158

Government effectiveness index ...............................................................................................................158

Corruption perception index .....................................................................................................................159

Political stability index ..............................................................................................................................159

Ibrahim index of African governance.........................................................................................................160

Country credit rating index........................................................................................................................161

10.4 Public Attitude Towards Safety Index 162

Willingness to pay for safety .....................................................................................................................162

Public’s level of safety awareness .............................................................................................................163

Public’s perceptions and experiences of safety and risk ............................................................................164

10.5 Previous external ferry safety interventions 165

10.6 Composite evaluation matrix 166

11 CONCLUSION .................................................................................................................... 168

ANNEX: SWOT ANALYSIS ........................................................................................................ 173

A1. SWOT ANALYSIS: BANGLADESH..........................................................................................................174

A2. SWOT ANALYSIS: DEMOCRATIC REPUBLIC OF THE CONGO ................................................................175

A3. SWOT ANALYSIS: INDONESIA ............................................................................................................176

A4. SWOT ANALYSIS: NIGERIA .................................................................................................................177

A5. SWOT ANALYSIS: THE PHILIPPINES ....................................................................................................178

A6. SWOT ANALYSIS: SENEGAL ................................................................................................................179

A7. SWOT ANALYSIS: TANZANIA ..............................................................................................................180

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 Acknowledgment

The study team would like to first and foremost thank the Lloyd’s Register Foundation for
providing a generous grant for this scoping study. Daryl Atwood and Olivia Swift deserve a special
mention in this regard.

The study team also thanks Interferry, in particular Johan Roos and Oliver Weiss, for facilitating
the initiative through in-kind support and excellent project management.

Edwin Pang and Amy Parkes at Arcsilea are thanked for kind access to the newly established
domestic passenger vessel accident database.

Last, but not the least, the study team would like to acknowledge and thank all the survey
participants from the seven studied countries, for sharing expertise, feedback and valuable
insights and contributing to this study. Without their valuable inputs, the conclusion of this study
would not be possible.

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 List of abbreviations

AMSA Australian Maritime Safety Agency

ANAM Agence National des Affaires Maritimes (National Agency for Maritime Affairs)
ANSD Agence Nationale de la statistique et de la Démographie (National Agency for
Statistics and Demography)
AO Administrative Orders
ASEAN Association of South-East Asian Nations
BIWTA Bangladesh Inland Water Transportation Authority
BIWTC Bangladesh Inland Water Transport Corporation
BMPV Baird Maritime Passenger Vessel accident database
BSC Bangladesh Shipping Corporation
BUMD Local State-Owned Corporation
CICOS Commission Internationale du bassin Congo-Oubangui-Sangha (International
Commission of the Congo-Oubangui-Sangha Basin)
CIWT Coastal and Inland Waterways Transport
CMM Code of Merchant Marine
COLREGS Convention on International Regulations for preventing Collisions at Sea
COREFFN Council for the Regulation of Freight Forwarding in Nigeria
CPI Corruption Perceptions Index
CRFNI Centre Régional de Formation en Navigation Intérieure (Regional Training Centre
for Inland Navigation)
CVM Congolaise des Voies Maritimes (Congo Authority of Maritime Routes)
DGLT Directorate General of Land Transportation
DGST Directorate General of Sea Transportation
DMM Directorate of Merchant Marine
DMVN Direction de la Marine et des Voies Navigables (Directorate of Maritime and
Waterways)
DNV Det Norske Veritas
DPD Dewan Perwakilan Daerah (Council of Regional Representatives)
DPTMI Direction des Ports de Transport Maritime Intérieur (Directorate of Secondary
Inland Ports)
DRC The Democratic Republic of the Congo
DVDA Direction des Voies de Desserte Agricole (Directorate of Agricultural Service Roads)
DWT Dead Weight Tonnage
EDF European Development Fund
EEZ Exclusive Economic Zone

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 EU European Union
GDP Gross Domestic Product
GT Gross Tonnage
HASSMAR High Authority for Maritime Safety, Maritime Security, and the Protection of the
Marine Environment
IACS International Association of Classification Societies
ICAO International Civil Aviation Organisation
IIAG Ibrahim Index of African Governance
ILO International Labour Organization
IMF International Monetary Fund
IMO International Maritime Organization
ISM Code International Safety Management Code
ITCP Integrated Technical Cooperation Programme
IWT Inland Water Transportation
LASWA Lagos State Water Authority
LLC International Convention on Tonnage Measurement of Ships
LMDG Liaison Maritime Dakar-Gorée (Maritime Link Dakar-Gorée)
LRF Lloyd's Register Foundation
LSG Lagos State Government
MARINA Maritime Industry Authority
MARPOL International Convention for the Prevention of Pollution from Ships
MBca Motor Banca
MC Memorandum Circulars
MIDP Maritime Industry Development Plan
MIKC Maritime Innovation and Knowledge Center
MMAF Ministry of Maritime Affairs
MoS Ministry of Shipping
MoT Ministry of Transportation
MRP Majelis Permusyawaratan Rakyat (People's Consultative Assembly)
MTP Multimodal Transport Project
MTVC Ministère de Transports et de Voies de Communication
MV Motor Vessel
NCVS Non-Convention Vessel Standards
NIMASA Nigerian Maritime Administration and Safety Agency
NIWA National Inland Waterways Authority
NPA Nigerian Ports Authority
NRCC National River Conservation Commission

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 OECD Organization for Economic Cooperation and Development.
ONATRA Office National des Transports (National Agency of Transport)
PAD Port Autonome de Dakar (Autonomous Port of Dakar)
PAGASA Philippine Atmospheric, Geophysical and Astronomical Services Administration
PCG Philippine Coast Guard
PPA Philippine Ports Authority
PSSRS Philippine Ship Safety Rules and Regulations
RCA Root Cause Analysis
RO Recognized Organization
RRP Dewan Perwakilan Rakyat (Council of People's Representatives)
RVF Régie des Voies Fluviales (River Routes Authority)
SAR Search and Rescue
SCTP Société Commerciale des Transports et des Ports (Commercial Company of
Transport and Ports)
SNCC Société Nationale des Chemins de Fer du Congo (National Railway Company of
Congo)
SOLAS International Convention for the Safety of Life at Sea
SONAPAD Société Nationale du Port Autonome de Dakar (National Company of Autonomous
Port of Dakar)
SOP Standard Operating Procedures
SVN Services des Voies Navigables (Navigable Routes Services)
STCW International Convention on Training, Certification and Watch-keeping of Seafarers
SUMATRA Surface and Marine Transport Regulatory Authority
TASAC Tanzania Shipping Agencies Corporation
UN United Nations
UNCLOS United Nations Convention on the Law of the Sea
UNCTAD United Nations Conference on Trade and Development
UNDP United Nations Development Program
USD United States Dollar
VTMS Vessel Traffic Management System
WBG World Bank Group
WFSA Worldwide Ferry Safety Association
WGI Worldwide Governance Indicators
WMU World Maritime University
WRP World Risk Poll
ZMA Zanzibar Maritime Administration

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 List of tables

Table 2.1. Evaluation matrix for an external safety intervention ............................................... 11

Table 3.1. Classification of ferry routes in Bangladesh .............................................................. 22
Table 3.2. Select list of laws and policies for inland water transportation in Bangladesh........... 25
Table 3.3. Geographic distribution of waterways accidents in Bangladesh ................................ 32
Table 4.1. Principal inland waterway transport systems in the DRC .......................................... 42
Table 4.2. DRC fleet operated on the Congo River .................................................................... 44
Table 4.3. Objectives of CICOS .................................................................................................. 47
Table 4.4. Select legislative norms from colonial era applicable to IWT..................................... 49
Table 4.5. Select Ministerial Decrees and Sectorial Circular Notes applicable to IWT ................ 50
Table 4.6. CICOS regulations ..................................................................................................... 50
Table 5.1. Non-exhaustive list of national maritime legislation in Indonesia. ............................ 65
Table 5.2. Non-exhaustive list of national ferry safety legislation in Indonesia. ......................... 66
Table 5.3. Geographic distribution of waterways accidents in Indonesia by routes: 2011-2021 74
Table 6.1. Ferry routes in Lagos under the supervision of LASWA ............................................. 83
Table 6.2. Non-exhaustive list of maritime regulations in Nigeria ............................................. 86
Table 6.3. Bills under active consideration of the National Assembly of Nigeria ........................ 87
Table 6.4. Main objectives of NIWA ......................................................................................... 89
Table 6.5. Functions of NIMASA. ............................................................................................... 90
Table 6.6. Responsibilities of LASWA ........................................................................................ 92
Table 6.7. Geographic distribution of waterways accidents in Nigeria....................................... 95
Table 7.1. Ferry owners and associations in the Philippines .................................................... 102
Table 7.2. Profile of the domestic ferry fleet in the Philippines ............................................... 103
Table 7.3. Non-exhaustive list of regulations for domestic ferries in the Philippines ............... 107
Table 7.4. Geographic distribution of waterways accidents in the Philippines......................... 112
Table 8.1. Main passenger ferry transport routes in Senegal .................................................. 120
Table 8.2. Non-exhaustive list of maritime laws and regulations in Senegal ............................ 122
Table 9.1. Number of domestic passenger ships by type and size in Tanzania Zanzibar ........... 137

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Table 9.2. Maritime regulatory framework in Tanzania mainland ........................................... 140
Table 9.3. Maritime regulatory framework in Tanzania Zanzibar............................................. 141
Table 10.1. Summary of maritime profile indicators of the countries examined...................... 150
Table 10.2. Summary of maritime profile indicators of the examined countries...................... 154
Table 10.3. Summary of national political landscape indicators of the countries examined .... 162
Table 10.4. Summary of the public attitude towards safety in the countries examined........... 165
Table 10.5. Previous external ferry safety interventions received by the examined countries . 166
Table 10.6. Composite evaluation matrix in gradient colour scale for the seven high-risk countries
for domestic ferries ................................................................................................................ 167

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 List of figures

Figure 1.1. Total domestic ferry fatalities 2000-2021 .................................................................. 3

Figure 2.1. Accident data analysis process .................................................................................. 9
Figure 3.1. Bangladesh map ...................................................................................................... 15
Figure 3.2. Maritime profile of Bangladesh ............................................................................... 20
Figure 3.3. Buriganga River, Dhaka, Bangladesh ........................................................................ 20
Figure 3.4. Taxi boats on the banks of the Buriganga River, Dhaka, Bangladesh ........................ 21
Figure 3.5. River networks in Bangladesh.................................................................................. 23
Figure 3.6. Trend of fatal accidents in Bangladesh: 2011-2021 .................................................. 29
Figure 3.7. Percentage distribution of accidents in Bangladesh: 2011-2021 .............................. 30
Figure 3.8. Percentage distribution of accidents in Bangladesh by location: 2011-2021 ............ 31
Figure 4.1. Map of the Democratic Republic of Congo .............................................................. 34
Figure 4.2. The three main navigable rivers in the Congo river basin......................................... 39
Figure 4.3. Categories of navigable waterways in DRC .............................................................. 40
Figure 4.4. Ships that were used on the Congo River dating back to 1880-1890 ........................ 40
Figure 4.5. Congo: A river journey ............................................................................................ 41
Figure 4.6. Balénières at the beach in Kinshasa ........................................................................ 42
Figure 4.7. Trend of accidents in DRC: 2011-2021 ..................................................................... 51
Figure 4.8. (a) Example of a canoe; (b) Fatal canoe accident (2020) .......................................... 51
Figure 4.9. Percentage distribution of accidents in DRC: 2011-2021.......................................... 52
Figure 4.10. Percentage distribution of accidents in DRC by location: 2011-2021 ..................... 53
Figure 5.1. Map of Indonesia .................................................................................................... 55
Figure 5.2. Maritime profile of Indonesia .................................................................................. 61
Figure 5.3. Ferry ships in Indonesia ........................................................................................... 62
Figure 5.4. Traditional boats in Indonesia ................................................................................. 63
Figure 5.5. Ferry routes in Indonesia ......................................................................................... 64
Figure 5.6. Ferry ports in Indonesia ........................................................................................... 64
Figure 5.7. Structure of law relating to domestic shipping in Indonesia..................................... 67

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Figure 5.8. Authorities involved in domestic ferry transport regulation in Indonesia ................ 70
Figure 5.9. Trend of accidents in Indonesia 2011-2021 ............................................................. 72
Figure 5.10. Percentage distribution of accidents in Indonesia: 2011-2021 ............................... 73
Figure 5.11. Geographic distribution of accidents in Indonesia by frequency: 2011-2021 ......... 75
Figure 6.1. Map of Nigeria ........................................................................................................ 76
Figure 6.2. Maritime profile of Nigeria ...................................................................................... 79
Figure 6.3. Inland river ports in Nigeria ..................................................................................... 81
Figure 6.4. Example of ferry routes in Snake Island-Badagry Creek area ................................... 82
Figure 6.5. Example of domestic ferry routes in the Lagos lagoon area ..................................... 83
Figure 6.6. NIWA commits to ending accidents on Lagos waterways......................................... 88
Figure 6.7. The NIMASA Headquarters in Lagos ........................................................................ 90
Figure 6.8. A stakeholder meeting of LASWA in progress .......................................................... 91
Figure 6.9. Trend of accidents in Nigeria: 2011-2021 ................................................................ 93
Figure 6.10. Percentage distribution of accidents in Nigeria: 2011-2021 ................................... 94
Figure 6.11. Percentage distribution of accidents in Nigeria by location: 2011-2021 ................. 95
Figure 7.1. The Philippines map ................................................................................................ 97
Figure 7.2. Maritime profile of the Philippines .......................................................................... 99
Figure 7.3. Port of Manila, the Philippines .............................................................................. 100
Figure 7.4. Hanjin Shipyard, Philippines .................................................................................. 101
Figure 7.5. Examples of commonly used ferry routes in the Philippines .................................. 104
Figure 7.6. Trend of accidents in the Philippines: 2011-2021 .................................................. 109
Figure 7.7. Percentage distribution of accidents in the Philippines: 2011-2021 ....................... 111
Figure 7.8. Percentage distribution of accidents in the Philippines by location: 2011-2021 ..... 112
Figure 8.1. Map of the Republic of Senegal ............................................................................. 114
Figure 8.2. Maritime profile of Senegal ................................................................................... 119
Figure 8.3. The Senegal River .................................................................................................. 119
Figure 8.4. Examples of different types of ferries in Senegal ................................................... 120
Figure 8.5. Plot of main passenger ferry routes in Senegal ...................................................... 121
Figure 8.6. Route map of OMVS’, St. Louis, Senegal – Ambidedi, Mali waterway project ........ 126

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Figure 8.7. mv Le Joola accident on 26 September 2002 ......................................................... 127
Figure 8.8. Examples of migrant boats and consequent accident at sea .................................. 128
Figure 9.1. Map of the United Republic of Tanzania ................................................................ 130
Figure 9.2. Map of the Zanzibar archipelago ........................................................................... 130
Figure 9.3. Maritime profile of Tanzania ................................................................................. 134
Figure 9.4. Passenger and cargo transport on Rufiji River ....................................................... 135
Figure 9.5. Tanzania waterways network ................................................................................ 136
Figure 9.6. Examples of major domestic shipping routes in the United Republic of Tanzania .. 138
Figure 9.7. Trend of accidents in Tanzania: 2011-2021 ............................................................ 144
Figure 9.8. Example of fatal domestic ferry accidents in Tanzania ........................................... 145
Figure 9.9. Percentage distribution of ferry accidents in Tanzania: 2011-2021 ........................ 146
Figure 9.10. Percentage distribution of ferry accidents in Tanzania by location: 2011-2021 .... 147
Figure 10.1. Distribution of accidents among the countries examined: 2011-2021 ................. 151
Figure 10.2. Distribution of accidents among the examined countries by type of initial events:
2011-2021 .............................................................................................................................. 152
Figure 10.3. Distribution of total lives lost among the examined countries by type of accident:
2011-2021 .............................................................................................................................. 153
Figure 10.4. Alignment of national legislation with IMO model regulations in the countries
examined................................................................................................................................ 155
Figure 11.1. Recommendations to establish and sustain a domestic ferry safety system ........ 171

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EXECUTIVE SUMMARY
Ferry transport is frequently associated with accidents and fatalities in many countries. Deadly
ferry accidents are fairly common, and globally, ferry accidents have caused countless deaths and
injuries. Even a single accident can, at times, cause fatalities in the order of hundreds of lives
besides property loss. It is no coincidence that ferry transportation is an integral part of the
domestic transport infrastructure in many countries, particularly archipelagic countries such as
Indonesia and the Philippines, river deltaic countries like Bangladesh, countries with extensive
riverine systems such as the Democratic Republic of the Congo and Nigeria, or even a
combination of great lakes, rivers and archipelago such as Tanzania. Incidentally, these are the
very countries experiencing a high number of accidents and fatalities over the past two decades
and, therefore, considered high-risk countries in the ferry transport sector.

The international community is continuously seeking to enhance safety in the domestic ferry
industry. Thus, as part of the ongoing initiatives, under a generous grant kindly provided by the
Lloyd’s Register Foundation through Interferry, the World Maritime University conducted
scoping study on the safety of domestic ferry industries in seven high-risk countries - Bangladesh,
Indonesia, the Philippines, the Democratic Republic of the Congo, Tanzania, Senegal, and Nigeria
as identified through accident records in the Arcsilea database.

The study uses a structured approach to identify focus areas in the seven countries for enhancing
safety in the domestic ferry sector. Unsafe occurrences are the obvious driver and motivation.
However, the impact of a safety intervention in a country will clearly depend on several different
factors such as the country’s maritime profile, industry demographics and stakeholder matrix,
regulatory and governance climate, political landscape, and amenability to change and external
intervention. While narrowing down the evaluation criteria based on the aforesaid factors,
limitations in the availability of data were an important consideration. Eventually, fifteen distinct
criteria are identified against five attributes as an aid to the decision-making in a country for
considering a safety intervention with a high likelihood of success and a significant positive
impact on safety in the domestic ferry sector.

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Analysis of accident data yielded current hazards threatening the safety of domestic ferries in
each of the seven countries and their role in the formation of unsafe occurrences. The study
further identified the key stakeholders of the domestic ferry sector and their state of play in the
safety system. The national regulations related to the safety of domestic ferries are also identified
and broadly examined for alignment with the IMO model regulations. Furthermore, the national
political landscape, state’s willingness to facilitate and receive a safety intervention, and public
attitude towards safety are examined in the respective countries using globally recognized
indices, questionnaire survey and personal interviews.

Whereas specific needs and a detailed roadmap would need to be developed while planning a
safety intervention in any country, in the light of the study results, we have reason to believe that
there are certain basic, common needs integral to the improvement of domestic ferry safety
regardless of the country. The identified key components required to be established in the
domestic ferry safety system include clearly assigned authorities and responsibilities, well-
defined vessel classification, digital ferry register, minimum competency requirements, training
facilities, safety management training, embarkation and departure controls, aids to navigation
and shore infrastructure, and occupational health and safety standards. Secondary actions to
sustain the safety system would include continuous improvement through safety inspection and
monitoring of fleet, survey and certification of domestic ferries, including new building, imported,
repair, modification or conversion, monitoring passenger transport statistics, and diligent safety
investigation and follow-up of marine casualties and incidents.

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1 INTRODUCTION
1.1 Background
Since ancient times, ferries have been widely used to transport passengers and cargo.1 Although
passenger transport by sea has been ceding volume, especially during the past two decades, to
aviation and road transport, passenger numbers on ferries worldwide appear to remain at par
with aviation.2

Ferry transportation is an integral part of the domestic transport infrastructure in many

countries, particularly archipelagic countries such as Indonesia and the Philippines, river deltaic
countries like Bangladesh, countries with extensive riverine systems such as the Democratic
Republic of Congo and Nigeria, or even a combination of great lakes, rivers and archipelago such
as Tanzania.

A ferry is a multipurpose ship or craft used for both, passengers and freight. It carries passengers,
cargo, and sometimes even vehicles over short-distances across coastlines and islands3-4. Cost-
efficiency namely, affordable prices for long-distance travel compared to other modes of travel
makes ferries a favoured means of domestic passenger transport.

Incidentally, this reliance on ferry transport is frequently associated with frequent accidents and
fatalities in many countries.5 Deadly ferry accidents are fairly common, and globally, ferry
accidents have caused countless deaths and injuries. Since ferries carry many people and goods,
a single accident can cause several fatalities besides property loss. For example, at least 60
persons drowned in the Democratic Republic of the Congo in 2021 when an overloaded ferry

1
Kirillova, Y. V., & Meleshenko, Y. S. (2014). Justification of financial safety analysis approach in cargo-and-
passenger ferry operations management. Transport and Telecommunication, 15(2), 111.
2
Oxford Economics study, 2021.
3
Cai, W., Liu, W., Wan, S., & Zeng, Q. (2021, June). Evaluation Study on Integration of Comfort and Energy
Efficiency Models in Cruise Ship. In International Conference on Offshore Mechanics and Arctic Engineering
(Vol. 85161, p. V006T06A036). American Society of Mechanical Engineers.
4
op. cit. 1
5
Talley, W. K. (2002). The safety of ferries: an accident injury perspective. Maritime Policy & Management,
29(3), 331-338.

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carrying 700 passengers capsized.6 In April 2021, an overcrowded boat sank in Bangladesh
consequent to a collision, killing 34 passengers.7

Safety records appear to be clearly distinguished between developed and developing countries.
Generally, within and between OECD8 countries, the domestic passenger ferry sector maintains
a high safety level with less than one fatality per 100 million passengers annually.9 However, a
safety record of around 1,000 deaths annually is the norm among emerging economies. Between
2010-2019, 99.5% of all known ferry fatalities worldwide occurred on domestic voyages in non-
OECD countries.10

The common nature of ferry accidents in coastal and inland waters raises safety questions not
only in the light of the current situation, but also in the context of the evolution of the safety
threats with respect to the future sea traffic, increasing offshore energy exploration and
production including the construction of offshore windfarms, etc. There appears to be a strong
case for examining passenger ferry accidents in coastal and inland navigation, especially in the
emerging economies with significant fatalities.

1.2 Drivers and motivation for the study

Ferry fatalities
The first driver for this study is the ferry fatalities in non-OECD countries. Between 2000-2021,
seven countries experienced a high number of deaths in the ferry transport sector, including the
People’s Republic of Bangladesh, the Republic of Indonesia, the Republic of the Philippines, the
Democratic Republic of the Congo, the United Republic of Tanzania, the Republic of Senegal, and
the Federal Republic of Nigeria (Figure 1.1). These seven countries are, therefore, identified as
the scope of application of the study.

6 https://www.theguardian.com/world/2021/feb/16/congo-river-boat-sinks-deaths-missing
7
https://www.nytimes.com/2021/04/05/world/asia/bangladesh-ferry-crash.html
8
OECD stands for the Organization for Economic Cooperation and Development.
9
Interferry. (2019). Report on the fact-finding mission to the Philippines. https://interferry.com/wp-
content/uploads/2019/10/FERRYSAFE_Report_OCT19_onlineFINAL.pdf
10
Interferry assessment, 2019, based on data from ShipPax and BMPV accident database.

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 6348

4758 4716
3979

2702

1883
1474

Bangladesh Indonesia Philippines DR Congo Tanzania Senegal Nigeria

Figure 1.1. Total domestic ferry fatalities 2000-2021 (Source: BMPV11)

Frequency and likelihood

Unlike other means of transport, ferry accident statistics can be heavily influenced by rare,
catastrophic events. Therefore, country statistics must be viewed from a long-term perspective.
An example is the Estonia, which remains in the top-ten list for ferry fatalities since records
began, owing to a rank which is based on just one accident, the 1994 sinking of the ferry Estonia
in the Baltic Sea, with the loss of 852 lives. A second example is Senegal, where the catastrophic
ferry accident involving the Le Joola claimed 1,863 lives in September 2002. While Estonia now
operates under robust regulations following the International Maritime Organisation (IMO) and
the European Union (EU), there may be a case to examine how and to what extent Senegal has
improved its safety regulations over time. A third example is Tanzania, whose statistics are
dominated by the over 2,900 deaths on the Spice Islander in September 2011 alongside another
1,000 fatalities spread over approximately 20 accidents since 2001. The statistics for Tanzania
indicate a high risk of a major ferry accident.

11
Baird maritime passenger vessel accident database (BMPV)

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Governing conditions
Yet another factor to consider is the governing conditions for ferry services, which may influence
the probability of a fatal accident and the opportunity to save passenger lives. Ferry operations
can be divided into four groups: lake, riverine, coastal, and open waters operations, each of which
presents a different set of complexities in different countries. Further, local conditions such as
seasonal weather, national festivities, general infrastructure investment, labour skills,
corruption, and many other factors would influence the overall safety envelope for domestic
ferry operations. As such, IMO’s International Convention for the Safety of Life at Sea (SOLAS)
does not generally apply to passenger ships on domestic voyages although, more recently12,
recommendatory measures have been adopted at the IMO13 to improve domestic ferry safety.
Therefore, it is essential to understand all the governing factors, and their relative importance,
when examining possibilities to enhance domestic ferry safety in a given country.

Attitude to safety
When exploring possibilities for safety interventions in respect of domestic ferry operations, it is
crucial to understand how the government adopts, implements and enforces its national laws
and regulations; engages with stakeholders; invests in improvements to terminal infrastructure,
and aids to navigation; provides weather and navigational warning services; facilitates radio
communications; and ensures competence, training, and certification of the crew. The general
public’s attitude to safety, especially in the era of social media, is a strong driver for change and
should be factored into the assessment of each country concerned.

1.3 Aim and objectives of the study

While there are hints of overall improvement in domestic ferry transport safety, focused efforts
could bring significant gains quickly.

IMO’s recently published model regulations provide an excellent template for a legislative
framework to enhance domestic ferry safety. IMO’s regulatory effort follows on, among other

12
The IMO had earlier issued a set of GlobalReg standards, a comprehensive modular set of standards
comprising harmonised regulations and model national legislation applicable to non-convention ships.
13
IMO. (2021). Adoption of the Model Regulations on Domestic Ferry Safety. MSC Resolution 105/4.

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initiatives, several of its Integrated Technical Cooperation Program (ITCP) activities focused on
enhancing domestic ferry safety.

Asia, Africa and the Caribbean region have been a particular focus of various ITCP regional
workshops, seminars, conferences, training courses, expert meetings, scoping studies and pilot
projects by the IMO, in partnership with industry (IACS, Interferry) and academia (WMU), on
different topics related to domestic ferry safety. Fiji (2009), Tanzania (2010), Nigeria (2019), and
Saudi Arabia (2019) have hosted IMO ITCP regional workshops on domestic ferry safety with
participation of countries in the region.

Individual countries have also been the focus of capacity building projects for safety
improvements in the domestic ferry sector. Bangladesh was among the first countries to receive
an IMO-Interferry pilot project on the safety of domestic ferries between 2004-2006. Philippines
and Indonesia received scoping studies by IMO. IMO collaborated with IACS, Interferry and WMU
besides the Government of the Philippines for the conduct of an international conference leading
to the adoption of ferry safety guidelines under the Manila Statement (2015).

A recent example of a country specific intervention is Interferry’s FerrySafe project of 2019. It

was an initiative funded by Lloyd’s Register Foundation, to assess domestic ferry safety in the
Philippines, with a view to address global safety challenges. The Philippines study yielded an
appreciation of the regulatory, financial, commercial and societal measures that had individually
and collectively resulted in improved domestic ferry services.14 The Philippines is currently
receiving a Formal Safety Assessment project funded by the World Bank Group, the International
Finance Corporation and IMO’s ITCP for enhancing the safety and energy efficiency of its
domestic passenger ships.15

14
The identified improvements were: political will; insurers more involved; ‘no sail’ policy; enforcement of
loading, lashing, and stowage; encouraging fleet renewal; phasing out of wooden vessels; ban on import of
Ro-Pax ferries over 20 years; requirement for second-hand Ro-Pax imports to be classed by IACS society; tax-
free import of new IACS compliant vessels; and promotion of the “nautical highway”.
15
https://www.imo.org/en/MediaCentre/Pages/WhatsNew-1663.aspx

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This study by the World Maritime University for Interferry, funded by the Lloyds Register
Foundation, draws its inspiration from the aforesaid initiatives and is part of various ongoing
endeavours to address the problem of continuing fatalities in the domestic ferry sector.

The current study is essentially a scoping exercise on the safety of domestic ferries in seven
countries: Bangladesh, Indonesia, the Philippines, the Democratic Republic of the Congo,
Tanzania, Senegal, and Nigeria.

The selection of countries for the study is driven largely by the numbers of fatal accidents in these
countries over the past two decades as recorded in the BMPV accident database, and presented
in Section 1.2.

To achieve the aim, the study is designed in five steps as follows:

• identifying the stakeholders of the domestic ferry sector and their state of play in the
safety system, for engagement in any future safety interventions;
• identifying the current hazards threatening the safety of domestic ferries and their role
in the causation of unsafe occurrences, for mitigation of risk;
• examining national safety regulations related to the safety of domestic ferries, and giving
consideration for alignment with IMO model regulations;
• examining the national political landscape, for identifying the state’s willingness to adopt
and implement a potential safety intervention; and
• a composite evaluation of the countries, for identifying the potential for an external
safety intervention.

It is expected that the outputs of this project will be immensely helpful not only for the
participating countries but also for inter-governmental and international non-governmental
organizations focusing on improving safety standards within the domestic ferry sector.

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1.4 Structure of the report
The report is structured as outlined below.

Section 1, the present section, described the background, drivers, and motivation, as well as the
aims and objectives of the study.

Section 2 discusses the methodology. In particular, it describes how the various criteria in the
selected countries are set, and then applied.

Sections 3-9 present the country profiles with a particular focus on the domestic ferry sector.
Each country profile maps the stakeholders, identifies the relevant domestic safety regulations,
and reviews accident statistics and the political landscape in the individual countries.

Section 10 explores the various indices presented in Section 2 to make an evaluation of the seven
high-risk countries for domestic ferries.

Section 11 presents the conclusions and recommendations.

Annex presents the SWOT analysis to determine the potential for safety intervention investment
for each of the seven high-risk countries for domestic ferries.

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2 METHODOLOGY
2.1 Approach and methodology
In order to meet the aim and objectives, the project was conducted by following five main tasks
as presented and explained below.

Task 1. Collection of accident and regulatory data

In task 1, the aim was to prepare the dataset of the study.

Seven countries with the highest numbers of fatalities in domestic ferry accidents were the focus
of the study namely, Bangladesh, Indonesia, the Philippines, the Democratic Republic of the
Congo, Tanzania, Senegal, and Nigeria.

The period of ferry accidents included in the scope of the study is broadly 2001-2021.

For accident records, the primary data sources were as follows:

• Baird Maritime Passenger Vessel (BMPV) database;
• Arcsilea database;
• Det Norske Veritas (DNV) Ferry Committee database;
• Worldwide Ferry Safety Association (WFSA) database; and
• IMO Global Integrated Shipping Information System database.

It was aimed to get as much accident data as possible into the database of the study from multiple
data sources. The accident data included, name, age, type of ship, accident location (country),
ship’s flag, type of accident, severity of consequences, number of deaths, and injuries.

In respect of national regulations, the dataset is limited to the respective countries’ legislation
related to domestic ferries. IMO model regulations were obtained as the international minimum
standards to consider and use for evaluation purposes.

In addition to the desktop research data collection, regulatory governance information was also
collected through focus group discussions and survey questionnaire submitted to the relevant
maritime authorities in the respective countries.

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The datasets prepared in this task were used as input in tasks 2 and 3.

Task 2. Analysis of accident data

In task 2, the aim was to identify the hazards and contributing factors of domestic ferry accidents
in the selected countries.

The accident dataset prepared in task 1 was qualitatively analysed by using the root cause
analysis (RCA) method to identify the main hazards and associated underlying factors. Unlike the
conventional RCA approach, which looks for the main root causes of an event, this study used
cause mapping to dig further beneath the surface of the main problems. As an output, instead of
finding a single root cause, the problem-solving paradigm was broadened to reveal the system of
causes or hazards. A cause map provides a simple visualization and explanation of all the hazards
that contribute to accidents. Consequently, the general formation pattern of accidents has been
identified for each country, which was easily understandable, and quantifiable through frequency
analysis.

Root cause System of

Accident data Cause mapping causes
analysis
(hazards)

Figure 2.1. Accident data analysis process

The results of this task were fed into the evaluations and derivations in task 5.

Task 3. Analysis of regulatory data

In this task, the aim was to identify the gaps between the national safety laws and regulations
related to the safety of domestic ferries and the IMO model regulations.

By examining the regulatory dataset prepared in task 1, the stakeholders of the domestic ferry
sector and their state of play in the domestic ferry safety system of the proposed seven countries

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were identified. The regulatory gaps between national domestic ferry safety regulations of the
examined countries and IMO model regulations were also identified. The gap analysis findings
fed tasks 4 and 5. The aim was to derive a better understanding of those countries’ statutory
resources and regulatory frameworks associated with domestic passenger shipping.

Task 4. Exploration of national political landscape

In this task, the aim was to assess the state’s willingness to facilitate and receive a safety
intervention and ultimately benefit from any proposed technical assistance program.

Semi-structured stakeholder interviews and focus group discussions through workshops were
conducted to assess the political landscape concerning maritime safety and the safety of
domestic ferries. The workshop participants were expected to have reasonable and relevant
experience in the maritime administration, or its subordinate entities, and should have worked
closely with the inland water transportation in their country.

The results of this task were used to determine and quantify (as a Likert scale) the state’s
willingness to facilitate and receive a safety intervention. The results also served as input for the
final step, task 5.

Task 5. Derivation of composite evaluation matrix

In this step, the aim was to derive a composite evaluation matrix for each country.

For decision-making, the scoping study adopted the evidential reasoning approach. The
evaluation was based on a robust set of attributes, indicators and indices. As for the attributes,
four items were established under the main tier 1, considering the key elements in a country and
the domestic ferry industry that would influence the success of any potential safety intervention.
Each main attribute was further factorised into multiple sub-items that constituted the
evaluation criterion and tier 2 in the evidential reasoning hierarchy.

The evaluation matrix (Likert scale) comprising the tier 1 and tier 2 attributes, indicators and
indices is presented in Table 2.1.

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An equal weighting factor was assigned to criteria at the same level in the evidential reasoning
structure, namely 1 ÷ (total number of criteria at the same level). Thus, for example, under the
unsafe occurrences level, the weight distribution of the incidence of accidents, severity of
consequences, trend in the last five years, regulatory quality index and alignment with IMO
model regulations was calculated as 1 ÷ 5=0.2.

Table 2.1. Evaluation matrix for an external safety intervention

Measure
(Attribute/ Indicator/ Index)
Tier 1 Tier 2
1. Domestic ferry industry 1.1. Size of the domestic ferry fleet
demographics (DFID) 1.2. Population depending on ferry transport
2. Unsafe occurrences and 2.1. Incidence of accidents
regulations (UOR) 2.2. Severity of consequences
2.3. Trend in the last 5 years
2.4. Regulatory quality index
2.5. Alignment with IMO model regulations
3. Political gauge (POGA) 3.1. Government effectiveness index
3.2. Corruption perception index
3.3. Political stability index
3.4. Ibrahim index of African governance
3.5. Country’s credibility ranking
4. Public attitude towards 4.1. Passengers' willingness (material and moral) to pay for safety
safety (PATS) 4.2. Passengers’ level of safety awareness
4.3. Public perceptions and experiences of safety and risk
5. Previous external ferry safety interventions (PEFSI)

Description of attributes in the evaluation matrix

Domestic ferry industry demographics (DFID)
DFID covers items related to the country profile including population, geography and area, and
the maritime profile of the country including the size of the ferry fleet, passengers transported,
and population reliance on ferry transport. DFID attributes aim to present an overview of the
country’s demographics, the total audience targeted, and the magnitude of the impact, if the
potential safety intervention is successful.

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Unsafe occurrences and regulations (UOR)
Accidents, their consequences and severity are used in this study as indicators to understand the
safety performance of a flag State and its flagged vessels. Therefore, the incidence of ferry
accidents (between years 2011-2021), the severity of ferry accidents (between years 2011-2021),
the trend of accident numbers in the last five years (2017-2021), the regulatory quality index of
the country (one of the globally reputed indexes), and alignment with IMO Model regulations
have been considered as attributes.

The values related to accidents were determined by using the ferry accident database created
for the study as a result of task 1. The regulatory quality index of the country was obtained from
the World Bank database for each country, for the year 2020. The regulatory quality index
captures perceptions of the ability of the government to formulate and implement sound policies
and regulations that permit and promote private-sector development. Finally, alignment with
IMO model regulations of the countries is determined by using semi-structured stakeholder
interviews and Likert-scale questionnaires.

Political gauge (POGA)

The initiation or success of a safety intervention in any country is closely related to the political
willingness in that country. With the appropriate political willingness, implementation,
enforcement, and raising of public awareness through governmental actions is much more easily
achievable.

Since political willingness is subjective, it is rather challenging to analyse and quantify it directly.
This study, therefore, draws indices from the literature used on a global scale namely, the political
stability index, corruption perception index, government effectiveness index, Ibrahim Index of
African Governance, and country’s credit ranking.

The values of these global indices in respect of each country were obtained from publicly
available data on the web page of the institution publishing the relevant index.

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Public Attitude Towards Ferry Safety (PATS)
Consequent to any ferry safety intervention focused on regulatory, operational, infrastructure or
human resources, implementation and enforcement are required by the relevant stakeholders.
In this regard, the public attitude towards safety, safety awareness, and commitment of the
public are critical to succeed with implementation and enforcement measures. The evidential
reasoning structure for this study, therefore, includes public’s willingness to pay for (material and
moral) safety, public’s level of safety awareness, and the public’s perceptions and experiences of
safety and risk attributes.

Since there are no indices in the literature that would directly indicate the public’s willingness to
pay for (material and moral) safety, or public’s level of safety awareness, the values of these
indices were determined by using semi-structured stakeholder interviews and Likert-scale
questionnaires.

On the other hand, public perceptions and experiences of risk value of the countries were
determined based on, “World Risk Poll 2021: A Changed World? Perceptions and experiences of
risk in the Covid age” published by the Lloyd’s Register Foundation (LRF). LRF conducted the first
World Risk Poll in 2019 to provide a new global data source addressing a knowledge gap in
experience with and perceptions of safety and risk. The second World Risk Poll was conducted
during the height of the Covid-19 pandemic, and together, the two editions provide invaluable
insight into people’s changing exposure to and perceptions of risk.

Previous external ferry safety intervention (PEFSI)

PEFSI is the only attribute inversely proportional to the potential of any intervention assistance.
If a country has received one or more external interventions i.e., domestic ferry safety projects,
missions, or investments from governmental or non-governmental organizations or, currently
has ongoing projects, that diminishes the likely effectiveness of future intervention.

The value of this attribute is determined based on information obtained through semi-structured,
stakeholder interviews, administration of a Likert-scale questionnaire and supplemented by a
review of the literature.

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2.2 Scope and limitations of the study
The primary assumption of the study is the assigning of equal weights to the attributes in the
evidential reasoning structure. In reality, for some countries, investors, and decision-makers,
those attributes may require consideration with different weights. However, since this study aims
to present a holistic overview by considering multiple criteria and different countries, in order to
maintain equal treatment and objective assessment, equal weights were assigned to the
attributes. As regards this limitation, it should be emphasised that the evidential reasoning
algorithm is highly adaptive and flexible. Therefore, amending the different weights is possible
dependent on the changing needs of any decision-maker.

A second limitation relates to the tier 1 attributes, “public attitude towards ferry safety” and
“political gauge”. These attributes were partially assessed through questionnaires and
interviews, which may cause self-reporting bias. However, in order to minimize the effect of self-
reporting bias on the results, different methods (statistics, interviews, focus groups and
questionnaires) were combined in the study.

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3 BANGLADESH
3.1 General information and characteristics of Bangladesh
Geography
Bangladesh, officially known as the People’s Republic of Bangladesh, is located in Southern Asia
along the Bay of Bengal. It borders two countries, India and Myanmar. The total length of the
borderline of Bangladesh is 4,711 kilometres: 3,715 kilometres with India to the west, north, and
east; 280 kilometres with Myanmar to the southeast; and in the south, 716 kilometres of
coastline on the Bay of Bengal. The county occupies an area of 148,560 square kilometres16.

Figure 3.1. Bangladesh map (Source: World Atlas, 2022)

16
Banglapedia. (2021). Bangladesh Geography.
https://en.banglapedia.org/index.php?title=Bangladesh_Geography

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Bangladesh’s physiography consists of a flood-prone deltaic plain and a small hilly region crossed
by rivers. The Bay of Bengal is known for its cyclones, which cause flooding on offshore islands’
coastal plains. Bangladesh is bordered in the southwest by the vast mangrove forest known as
the Sundarbans.

The rivers of Bangladesh, about 700 in number, mark both the nation’s physiography and the
people’s life. The larger rivers are the primary water source for agriculture and the most critical
commercial transportation routes. Additionally, rivers provide fish, an essential source of protein.
The rivers in Bangladesh can be categorized into five major river networks: Jamuna-Brahmaputra
(292 km), Padma-Ganges (2,100 km), Surma-Meghna system (669 km), Padma-Meghna (145 km),
and Karnaphuli (420 km)17 .

Bangladesh has a humid, warm climate, with an average temperature of around 26⁰C, ranging
throughout the year between 15⁰C and 34⁰C. The summer season (April-September) is warmer
and rainy, while winter (December-February) is colder and drier.

Demographics
Bangladesh, with a population of 168 million in 202218, is the eighth-most populated country in
the world.

The country is divided into eight administrative divisions (Bibhag), including Barisal, Chittagong,
Dhaka, Khulna, Mymensingh, Rajshahi, Rangpur, and Sylhet. The administrative divisions are
further subdivided into 64 districts and several smaller subdivisions.

Dhaka, the capital and largest city, represents the administrative, cultural, commercial, and
economic hub of Bangladesh. With a population of over 20 million in 2022, it is the most populous

17
U.S. Library of Congress. (1989). Bangladesh: A Country Study. Washington: GPO for the Library of
Congress. River Systems in Bangladesh. http://countrystudies.us/bangladesh/25.htm
18
Worldometer. (2022). Bangladesh Population (Live). https://www.worldometers.info/world-
population/bangladesh-population/

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city in the country19. Chatttogram (formerly Chittagong), the second largest city, is also home to
Bangladesh’s largest seaport, and plays a crucial role in the country’s economy.

Bangladesh is ethnically homogeneous and derives its name from the Bengali ethnolinguistic
group, which makes up 98% of the population. Bengali has many dialects. Chittagong and Sylhet
also have distinctive dialects20.

Political
Bangladesh attained independence in 1971. It is a unitary, independent, and sovereign Republic.
The current parliamentary system was adopted in 1991. From 1975 to 1990, the country
experienced a military coup in which the army effectively retained power, but in 1991 a
parliamentary system was restored.

Bangladesh’s politics are conducted within the framework of a parliamentary representative

democratic republic, with the President as Head of State and the Prime Minister as Head of
Government. The government exercises executive authority. Both the government and
parliament possess legislative power.

The judiciary comprises the Supreme Court, lower courts, and tribunals. The Bangladesh Supreme
Court consists of the Appellate Division and the High Court Division. Other courts and tribunals
are subordinate to it.

The Bangladeshi parliament, known as the Jatiya Sangsad (House of the Nation), is a unicameral
body with approximately 350 seats, most of which are filled through direct popular elections. The
remaining seats are reserved for women, all of whom are elected by the parliament. Legislators
serve five-year terms. All Bangladeshi citizens over the age of 18 have the right to vote, while all
Bangladeshi citizens over the age of 25 are eligible to be elected to the parliament. The President
of Bangladesh is elected every five years by the legislature (Parliament). There is a limit of two

19
World population review. (2022). Dhaka Population 2022. https://worldpopulationreview.com/world-
cities/dhaka-population
20
World Atlas. (2019). Ethnic Groups in Bangladesh. https://www.worldatlas.com/articles/ethnic-groups-in-
bangladesh.html

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five-year terms for the President. The President then appoints the leader of the legislative
majority party (or coalition) as the Prime Minister.

Bangladesh follows the common law system21. However, in contrast to other common law
jurisdictions, Bangladesh’s Supreme Court has the authority not only to interpret laws passed by
the Parliament but also to declare them null and void and to enforce citizens’ fundamental rights.
Despite being based on the English common law system, Bangladesh’s laws take the form of
statutes enacted by the legislature and interpreted by the higher courts.

The Bangladeshi Constitution was drafted in 197222 and has undergone numerous amendments.
Also, the Muslim Personal Law (Shariat) Application Act, 1937 is still in effect in Bangladesh,
providing for the application of Muslim Personal Law in all Muslim Family Affairs matters,
including marriage and divorce.

Economy
Bangladesh’s economy is one of the world's and South Asia's fastest-growing. The country has
recorded a steady GDP growth in the last decade, picking up 7.9% in 201923. In 2021, its nominal
GDP was USD 416 billion24 while the per capita GDP surpassed that of India.

Bangladesh’s growth has been mainly driven by the export of manufacturing and domestic
agricultural products. However, from agriculture to pharmaceuticals and shipbuilding to
garments, the country is diversifying its industrial base and increasing its exports. The country's
primary export sectors are textiles, shipbuilding, fish and seafood, jute, and leather goods. In
addition, the country has developed its pharmaceutical, steel, and food processing industries.

21
Islam, M. S. (2019). An Appraisal of Efficiency and Effectiveness of the Supreme Court of Bangladesh.
International Journal of Management, Technology, and Social Sciences (IJMTS), ISSN, 2581-6012.
22
An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims. It
encompasses all aspects of a Muslim's life, and although it includes civil law, criminal law, international law,
and procedural law, it is only applied to family matters in Bangladesh, which is part of civil law.
23
World Bank, (2020). https://data.worldbank.org/indicator/NY.GDP.MKTP.CD?locations=BD
24
World Bank, (2022). https://data.worldbank.org/indicator/NY.GDP.MKTP.CD?locations=BD

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The agricultural sector remains the largest employer in Bangladesh, accounting for 37.6% of the
total labour force and 13.1% of the GDP. The industry employs 21.4% and contributes to 27.8%
of GDP, while services account for 53.5% of GDP and use 39.8% of the total workforce25.

Bangladesh has the second-largest financial sector in the Indian subcontinent. Dhaka and
Chattogram are the principal financial centres of the country, and are home to the Dhaka Stock
Exchange and the Chattogram Stock Exchange respectively.

Bangladesh is Asia’s seventh largest gas producer and has substantial natural gas reserves26.
However, gas supply meets only 58% of the country’s demand27. Therefore, there is an increase
in offshore exploration to increase gas production.

3.2 Maritime profile of Bangladesh

Shipping
Bangladesh has 9,000 square kilometres of territorial waters and 720 kilometres of coastline.
Around 90% of the country’s freight trade is conducted over maritime routes. Bangladesh is
traditionally a shipbuilding nation and among the global leaders in ship-recycling. In 2020, the
volumes of ship-building and ship-recycling were 85,349 GT and 6,995,977 GT respectively. Ports
and shipyards play a significant role28 in the national economy and trade. Around 30 million
people directly or indirectly depend on the maritime sector, including commercial transportation.
Currently, more than 10,000 inland and coastal ships are operating across the country, and carry
more than 90% of the total oil products, 70% of cargo, and 35% of passengers. More than 150,000
people are employed in this labour-intensive sector29. Figure 3.2 presents select statistics about
the maritime profile of Bangladesh in 2020.

25
World Bank, 2021
26
"Natural Gas Production by Country - World meter". www.worldometers.info.
27
U.S. Energy Information Administration (EIA)
28
UnctadStat. (2020). Maritime Profile: Bangladesh.
https://unctadstat.unctad.org/countryprofile/maritimeprofile/en-gb/050/index.html
29
Shemon, W. S. (2017). Problems & Prospects of Bangladesh Shipping Industry: A Comparative
Overview. Bangladesh Maritime Journal (BMJ), 1(1).

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 Coast/area ratio Ship building Ship recycling
25.4 m/km2 37,954 GT 7,991,594 GT

Fleet-National flag Fleet-National flag Fleet-Ownership

3,595 thousand DWT 477 ships 3,515 thousand DWT

Container port throughput Number of seafarers Number of port of calls

2,587,251 TEU 5,147 3,065

Figure 3.2. Maritime profile of Bangladesh (Source: UNCTAD, 2021)

As per 2020 UNCTAD Statistics, the Bangladesh flagged fleet was estimated at 477 ships,
accounting for 3.515 million DWT. According to the project survey data, as of August 2022,
Bangladesh has a fleet of 83 ocean-going vessels. Ship-owning companies in Bangladesh include
state-owned and private shipowners. Bangladesh Shipping Corporation (BSC) is the only state-
owned public sector enterprise with 8 ships. Private entities with Bangladesh flagged vessels
include KSRM Group (23 ships), Bashundhara Group (4 ships), Akij Group (11 ships), Meghna
Group (31 ships), Karnaphuli Maritime (5 ships), and Orion Group (1 ship).

Inland water transportation

Bangladesh is a riverine country. A massive network of approximately 700 rivers covers about 7%
of the total area of the country (Figure 3.3). Most of the rivers flow from north to south. Rivers
allow easy access to any region of the country and play a vital role in the transportation of
passengers and goods and, therefore, in the economy of Bangladesh. According to the
Bangladesh Inland Water Transportation Authority (BIWTA), of the 5,968 km length of rivers,
3,888 km of waterways are perpetually navigable and an additional 2,150-2,500 km is navigable
during the monsoon season.

Figure 3.3. Buriganga River, Dhaka, Bangladesh (Source: Britannica.com)

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Bangladesh prioritizes waterway transportation to reduce its carbon footprint and road load.
Water transport connects areas inaccessible by road and rail to the rest of the country. The inland
water transportation system is the country’s oldest mode of transportation, transporting nearly
one-third of the country’s passengers and goods. The private sector plays a significant role in
waterway transportation, while the public sector is primarily involved only in the most remote
and isolated areas.

The inland ship registry records approximately 12,500 registered vessels including around 2,000
passenger ships. In addition, there are about 750,000 country boats. The country boats play a
vital role in transporting goods and people, especially the poorest, on smaller rivers which are
the only means of access for rural communities. The inland waterways include all manner of
vessels: ferries, steamers, launches, ships, boats, tug- boats, oil tankers, speed boats, water-bus,
water ambulances, etc. (Figure 3.4).

Facilities for the embarkation and disembarkation of passengers include five modern passenger
terminals, six standard facilities and over 130, basic, launch stations.

Figure 3.4. Taxi boats on the banks of the Buriganga River, Dhaka, Bangladesh
(Source: Wikimedia Commons)

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The Bangladesh Inland Water Transport Authority (BIWTA), and Bangladesh Inland Water
Transport Corporation (BIWTC) provide pilotage facilities to the inland water vessels, regulate
the movement of passenger launches and maintain the inland ports and launch ghats, including
terminals. The navigable river routes are classified into four categories by BIWTA on the basis of
depths available in the river, and presented in Table 3.1 and Figure 3.5.

Table 3.1. Classification of ferry routes in Bangladesh (Source: BIWTA, 2022)

Category Depth Routes Total length

Class-I 3.66m - 3.96m ● Chittagong-Chowkighata-Chandpur- about 683 km
Shambhupura-Narayanganj/ Dhaka;
● Shambhupura-Demra;
● Shambhupura-Bhairab- Bazar/Ashuganj; and
● Chowkighata-Barisal-Mongla-Khulna-
Maheswarpasha.
Class-II 1.83m - 3.65m ● Mohanpur-Daikhawa; about 1,000 km
● Bhairab Bazar-Chhatak;
● Chalna-Raimongal;
● Hijla-Saistabad;
● Satnal-Daudkandi;
● Chittagong-Cox's Bazar;
● Diara-Barisal via Nandir Bazar; and
● Chandpur-Ichuli;
Class-III 0.91m - 1.82m ● Dilalpur-Fenchuganj-Zakiganj; about 1,905 km
● Chittagong-Kaptai;
● Rangamati-Kaptai;
● Kaptai-Belaichari;
● Rangamati-Chotohorina;
● Rangamati-Mahalchari;
● Rangamati-Marisha;
● Sripur (Bhola)-Nazirpur-Char Montaz;
● Jhalakati-Barguna- Patharghata;
● Charpower-Patuakhali-Galachipa-Bara
Baishdia;
● Bara Baishdia-Khepupara-Mohipur; and
● Khulna-Bardia-Manikdah.
Class-IV > 0.91m There are many unclassified routes. Most of about 2,380 km
these routes are seasonal routes and are used by
small boats.

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 Figure 3.5. River networks in Bangladesh (Source: BIWTA, 2022)

3.3 Inland water transport regulatory framework in Bangladesh

General overview of the legal framework
Consequent to its independence, by Presidential Order No-48 of 1972, Bangladesh adopted
numerous laws enacted by the former regimes that were directly or indirectly related to its
maritime sovereignty.

Bangladesh entered into a bilateral agreement with India, and Myanmar, for maritime
delimitation in the Bay of Bengal in 1972, and 1974, respectively.

The maritime laws of Bangladesh can be categorized into five heads30, with the Constitution of
the People's Republic of Bangladesh at the apex level followed by the statutory national laws,
international laws, bilateral agreements and case laws.

30
Hosen, M. F. (2019). An Overview of the Statutory Laws and Regulations Relating to the Maritime Issues of
Bangladesh: Loopholes and Recommendations. Beijing L. Rev., 10, 1331.

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The Constitution of the People’s Republic of Bangladesh, adopted in 1972 has numerous articles
related to the maritime issues of the State. These include Articles 1, 2, 25, 65, and 143 (2), in
addition to the third Amendment of the Bangladesh Constitution31.

At the national level, the Bangladesh Merchant Shipping Ordinance, 1983 provides the principal
regulations defining the conditions of maritime transport business in Bangladesh.

The Bangladesh Flag Vessels (Protection) Ordinance, 1982 was promulgated with the primary
objective of promoting and encouraging the growth of the local shipping industry. The Ordinance
provides that at least 40 percent of the seaborne cargo shall be carried by national flag vessels.

The Admiralty Courts Act of 2000 deals with all matters related to Admiralty. As per the Act, the
High Court Division of the Supreme Court of Bangladesh has original jurisdiction to deal with the
cases of Admiralty at first instance. It extends to ships or vessels anchored at any port in
Bangladesh.

The Inland Shipping Ordinance, 1976 is a vital instrument for inland shipping matters in
Bangladesh. This Ordinance allows the government to ensure the survey, registration, and
control of the navigation of vessels navigating the inland waters of Bangladesh.

The National Water Policy of 1999 also makes a significant mention of the issue of water
transportation. According to the policy, inland water transportation substantially impacts
Bangladesh’s economy since it carries several products at a lower cost than other sectors. It
recognises that excessive siltation in the riverbeds makes many routes unsuitable for watercraft.
In elucidating this issue, the policy stipulates that maximum efforts must be made to restore
navigability and dredge rivers to make inland water transportation obstacle-free.

The Bangladesh Water Act of 2013 is intended for the integrated development, management,
abstraction, distribution, usage, protection, and conservation of Bangladesh’s water resources.
The Act also provides for international exchange and regional cooperation in sharing of
information and data in respect of shared water resources, research on international rivers,

31
op. cit. 28.

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chemical and organic pollution prevention, developing water resources, and sharing of
knowledge through education and training programs.

Some of the notable acts and policies applicable to inland water transport in Bangladesh are
presented in Table 3.2.

Table 3.2. Select list of laws and policies for inland water transportation in Bangladesh

• National Water Policy, 1999

• Bangladesh Water Act, 2013
• National River Protection Commission Act, 2013
• The Inland Water Transport Authority Ordinance, 1958
• The Inland Shipping Ordinance, 1976
• Inland Shipping (Amendment) Act, 1990
• Presidential Order No. 28 of 1972, Ordinance for BIWTC
• Pilotage Ordinance, 1969
• Mongla Port Authority Ordinance, 1976
• Payra Port Authority Act, 2013
• Payra Port Project (Land Acquisition) Act, 2016
• Bangladesh Inland Water Transport Corporation Order, 1972
• The Bangladesh Merchant Shipping Ordinance, 1983
• Fisheries (Protection) Ordinance, 1959
• Local Government (Union Parishad) Ordinance, 1983
• Water Resources Planning Act,1992
• Interference with Aids to Navigation Ordinance, 1962
• National River Protection Commission Act, 2013
• Bangladesh Inland Water Transport Corporation Order, 1972
• Bangladesh Flag Vessels (Protection) Ordinance, 1982
• Water Resources Planning Act, 1992
• Bangladesh Preservation of Environment Act, 1995
• Bangladesh Shipping Corporation Act, 2017
• Admiralty Court Act, 2000
• The Foreign Voluntary Organizations (Acquisition of Immovable
Property) Regulation Ordinance, 1983

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Institutional Framework
In Bangladesh, the Ministry of Shipping (MoS) is the primary regulator of the maritime sector,
including inland water transport. MoS involves within its fold, the shipping and port sectors,
including national waterways, inland water transport, ports, and ocean shipping, addressing
safety and environmental issues and regulatory aspects of maritime shipping and maritime
education. The ministry’s primary responsibilities include policy formulation and project
implementation. It is also responsible for expanding and maintaining a viable, efficient,
dependable water transportation and communication system.

Under the MoS, several institutions manage inland waterways, among others, the Department
of Shipping (DoS), Bangladesh Shipping Corporation (BSC), Bangladesh Inland Water Transport
Authority (BIWTA), Bangladesh Inland Water Transport Corporation (BIWTC), and the National
River Conservation Commission (NRCC). These institutions work for the modernization of sea,
river, and inland ports, conservation of waterway navigation, development of competent human
resources for the maritime sector, safe and economical transportation of passengers and goods,
and expansion of international trade via waterways. In particular, BIWTA and BIWTC are the two
leading government players that keep the inland waterways navigable and safe for the smooth
transportation of cargo and passengers.

The Department of Shipping

The Department of Shipping (DoS), an agency under Bangladesh’s Ministry of Shipping, is the
maritime safety administration of Bangladesh. DoS is responsible for developing and
implementing national policies and laws. In addition to ensuring the safety of life and vessels at
sea, DoS oversees the development of the shipping industry, maritime education and
certification, employment and welfare of seafarers, and other shipping-related matters.
Furthermore, compliance with maritime-related international conventions is tasked to the
agency. DoS, in carrying out its duties, is mainly responsible for the following:
• administering Merchant Shipping Ordinance, 1983 and Inland Shipping Ordinance, 1976;
• administering the national and international standards of shipping to the inland and
seagoing ships through survey and inspection;

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 • administering the standards for seafarers by conducting examinations and certification
for various grades of examination for inland and international shipping;
• monitoring conditions of the vessels after survey and taking appropriate steps to check
any unlawful practices and ensure safe operation of watercraft; and
• administering Bangladesh Flag Vessels (Protection) Ordinance, 1982 and rules thereunder.

Bangladesh Inland Water Transport Authority

The Bangladesh Inland Water Transport Authority (BIWTA) was established through the
promulgation of Ordinance No. LXXV of 1958 (amended later by Ordinance of 1977). BIWTA is
the authority in Bangladesh responsible for formulating policies. Subject to the permission and
approval of the government, the Authority shall have the power to enforce rules and regulations
or any laws about inland waterways and traffic control thereon, in whole or in part. As per the
establishment text, BIWTA is tasked to carry out the following statutory development,
maintenance, and regulatory functions:
• perform river conservation operations, including river training operations for navigational
purposes and the installation of aids to navigation, such as marks, buoys, lights, and
semaphore signals;
• disseminate navigational and meteorological information, including river chart
publication;
• offer pilotage and hydrographic survey services;
• develop dredging requirements and priorities for efficient maintenance of existing
navigable waterways, resuscitation of dead or dying rivers, channels, or canals, and
development of new channels and canals for navigation;
• on behalf of the government, fix maximum and minimum fares and freight rates for inland
water transportation;
• approve timetables for passenger launch services; and
• act as the Competent Authority of Bangladesh for the Protocol on Inland Water Transit
and Trade, supervising the use of Bangladeshi waterways on behalf of the Government of
Bangladesh for trade and transit between Bangladesh and India, as stipulated by the
Protocol.
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Three other institutions assist the aforesaid authorities and are involved in inland water transport
management and development in Bangladesh.

National River Conservation Commission

The National River Conservation Commission (NRCC) was established by the National River
Conservation Commission Law, 2013 to mainly develop the navigational facilities necessary to
ensure the multipurpose use of rivers for socioeconomic development. Other objectives of the
Commission include protecting the rivers from illegal use, pollution of water and environment,
illegal infrastructure construction, preventing inconveniences or irregularities and restoring the
flow of the rivers. The draft ‘National River Conservation Commission Act, 2020’ seeks to ensure
the independence of NRCC and incorporates stringent provisions for offences regarding rivers
and other water sources.

Bangladesh Shipping Corporation

The Bangladesh Shipping Corporation is the largest ship owner in Bangladesh. It was established
in 1972 as a state-owned and managed public sector corporation. Providing efficient, safe,
dependable, and affordable shipping services to local exporters, importers, and businesses and
developing sustainable shipping and ancillary infrastructures are identified as the corporation’s
core responsibilities.

Bangladesh Inland Water Transport Corporation

The Bangladesh Inland Water Transport Corporation (BIWTC) was established by an Order in
1972 to provide safe and efficient shipping and water transport services on coastal and inland
water routes. It can engage in all activities connected with or ancillary to such water transport
services.

Other stakeholder institutions with a substantial role in inland water transport development in
Bangladesh include the Land Port Authority, Chittagong Port Authority, Mongla Port Authority,
Payra Port Authority, Bangladesh National Maritime Institute, Bangladesh Marine Academy, etc.

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3.4 Domestic ferry accidents in Bangladesh32
Trends in accidents
As per the study database, 46 fatal accidents occurred in domestic ferries in Bangladesh waters
between 2011 and 2021 with the annual number of fatal accidents indicating a slightly decreasing
trend (Figure 3.6). Interview participants from BIWTA attributed the decrease to both,
government initiatives and the positive impact of technical assistance projects, especially in the
last five years although, the high siltation rate in rivers with a resultant decrease in navigable
waters is a critical issue that needs to be addressed to prevent the occurrence of inland water
transport accidents. In particular, the government of Bangladesh is recruiting more staff,
procuring new dredgers, etc. to make inland water transport safer besides ongoing World Bank-
supported projects related to dredging, route maintenance, and development of port
infrastructure. This can be considered a positive indicator, suggesting that a future safety
intervention may be more successful with the positive efforts of the authorities.

9
8
8
7 7
7
6 6
6
Number of accidents

5
5

3
2 2 2
2
1
1

0
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Figure 3.6. Trend of fatal accidents in Bangladesh: 2011-2021 (Source: Arcsilea)

32
The statistics in this section of the report is drawn from the Arcsilea database.

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Causal factors of accidents
During the last decade, in total, 1,577 people lost their lives as a result of domestic ferry accidents
in Bangladesh. The study revealed that capsizing and collision followed by sinking represented
81% of the total casualties (Figure 3.7) and contributed to 90% of the total number of lives lost.
The causes of accidents frequently cited in the literature, and the accident database of this study
include: overloading, allision with wrecks, capsizing due to instability, poor lookout, heavy
siltation in rivers (poor route maintenance), unseaworthy vessel (heavy weather and sea
conditions), wrong manoeuvre, lacking in lifesaving appliances, and hull failure 33, 34, 35. Interview
discussions suggested that poor structural characteristics of the vessels used for passenger
transport in inland waters lead to severe consequences in the event of any incident of contact,
allision, collision, fire, hull damage, etc. As a part of the organizational learning culture from past
accidents, accident reporting was also discussed, and the participants stated that accident
reporting is much more diligent as compared to the past. On the other hand, it emerged that the
reports are in the national language and not publicly available.

2%
9% 4%

4%

47%
34%

Allision/Sinking Capsize/Sinking Collision/Sinking

Figure 3.7. Percentage distribution of accidents in Bangladesh: 2011-2021 (Source: Arcsilea)

33
Iqbal, K. S., Hasegawa, K., Bulian, G., Karim, M. M., & Awal, Z. I. (2007). Passenger ferry accidents in Bangladesh:
Design and socio-economic aspects. In Proceedings of the 10th International Symposium on Practical Design of
Ships and Other Floating Structures (PRADS 2007) (Vol. 30).
34
Rahman, S. (2017). An analysis of passenger vessel accidents in Bangladesh. Procedia engineering, 194, 284-290.
35
Uddin, M. I., & Awal, Z. I. (2020). Systems-theoretic approach to safety of inland passenger ship operation in
Bangladesh. Safety science, 126, 104629. https://www.sciencedirect.com/science/article/pii/S0925753520300266

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Geographic distribution of waterways accidents
The study revealed that the river routes are highly prone to accidents rather than close coastal
routes, channels and archipelagic area routes. In the examined accident dataset, the river routes
accounted for 85% of the fatal accidents in the last decade (Figure 3.8). Three rivers with the
highest number of accidents were the Meghna River (19%; the widest river), Padma River (11%;
the second longest river with rough seasonal waves and high current), and Buriganga River (11%;
a tide-influenced river). The percentage distribution of accidents across the rivers in Bangladesh
is presented in Figure 3.8, and a more detailed overview of the geographic distribution is provided
in Table 3.3.

19%

34%

11%

11%
7%
4%
4% 4%
2%
2%
2%
Meghna River Buriganga River
Padma River Brahmaputra River
Kirtankhola River Shitalakkhya River
Chalanbeel wetlands Rasalpur I Munshiganj District Routes
Sandwip Channel Unknown
Other river routes

Figure 3.8. Percentage distribution of accidents in Bangladesh by location: 2011-2021 (Source: Arcsilea)

Concluding remarks about accidents in Bangladesh

Bangladesh is a highly populated country and the available transport, including waterways
transports, is constantly in short supply. Both passenger and cargo transportation over inland
waterways are dominated by the private sector. Riverine transportation services are popular
throughout the nation and are utilized by all socioeconomic classes. It appears from accident
analysis in Bangladesh that riverine transportation records more accidents than the ocean sector.

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Collision, overloading, inclement weather, fire and explosion, and damage to the vessel's hull
have been regarded as the main causes of accidents in riverine transportation in Bangladesh.

Table 3.3. Geographic distribution of waterways accidents in Bangladesh

Location Accident prone area

Meghna River Dhaka-Chandpur Route
Near Narsingdi
Near Manpura
Near Raipura
Near Soargaon
Near Bramanbharia
Near Sreepura
Buriganga River Near Dhaka
Near Narayanganj
Near Sadarghat
Padma River Western Bangladesh
Near Kushtia
Munshiganj district
Near Talaimary
Other river routes Brahmaputra River
Kirtankhola River
Shitalakkhya River
Aria Kha River
Jaducata River
Jamuna River
Kaliokatha Haor River
Khowai River
Magra River
Pagla River
Paira River
Panguchi River
Ramnabad River
Rangamati River
River Kumar
Sandhaya River
Sugandha River
Surma River

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The study revealed that many of the vessels that navigate the rivers lack fitness certification and
sailing permits. Many of the operators of passenger vessels are unlicensed, indicating that they
lack the necessary competence and skills. During the monsoon, the width of the waterways
expands to a few kilometres, but the navigable channels remain narrow, shallow, and winding,
threatening the navigation through them. Most of the passenger riverine transportation vessels
do not follow shipbuilding structural rules including fire protection and control plans. The
provision of life-saving appliances is usually inadequate in the vessels and means of escape are
not clearly defined. Making matters worse, in their pursuit of maximum profit, the owners of
passenger vessels tend to overload their vessels two to three times their actual carrying capacity,
resulting in instability. Weather is also one of the principal causes of inland transport accidents
in Bangladesh. From June to October, the Bay of Bengal often experiences extremely turbulent
weather. At this time of the year, cyclones, gusty winds, and heavy rainfall are typical
occurrences.

To sum up, the contributing factors leading to inland water transportation accidents in
Bangladesh can be summarized as follows: overloading; bad weather; human error, including lack
of competence and skill, wrong manoeuvring, lack of awareness of the crews; poor management
of river route and inland port; lack of passenger awareness; lack of navigability and absence of
navigational aids; unauthorized ship building and improper survey; plying without survey and
registration certificate; owner ignorance and negligence in vessel maintenance.

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4 DEMOCRATIC REPUBLIC OF THE CONGO
4.1 General information and characteristics
Geography
The Democratic Republic of the Congo (DRC) is located in Central Africa, covering an area of
2,345,409 square kilometres. It is the second largest country in Africa, after Algeria. Nine
countries border the DRC: The Republic of the Congo, the Central African Republic, South Sudan,
Burundi, Rwanda, Uganda, Tanzania, Zambia, and Angola. DRC also has a coastline on the Atlantic
Ocean to the west.

Most of the country's central and western regions are a part of the Congo River basin. With a
length of 4,398 kilometres, the Congo River is the second longest river in Africa. Numerous lakes,
including Albert, Edward, Kivu, Mweru, and Tanganyika lie along the country’s eastern border.

Figure 4.1. Map of the Democratic Republic of Congo (Source: World Atlas, 2022)

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Demographics
DRC is divided into 26 provinces, with a total population of around 92 million in 202136. The
capital Kinshasa is located in the west along the Congo River. With 199,567 square kilometres,
Tshpo is the largest province by area, while Kinshasa is the most populous one, with a population
of around 8 million. At 3.19%, the Democratic Republic of the Congo has one of the fastest
population growth rates in the world37.

Over 200 distinct ethnic groups exist in the DRC, of which the majority are Bantu. The four major
ethnic groups in the DRC are Mongo, Luba, Kongo (all Bantu), and the Mangbetu-Azande
(Hamitic). The combination of these four groups makes up around 45% of the total DRC’s
population. Within these groups, about 700 native languages and dialects are spoken in the DRC,
but the linguistic diversity is bridged by French, which is the official language of the country, and
the intermediary languages are Kikongo ya leta, Tshiluba, Swahili, and Lingala38.

Political
DRC attained independence in 1960. DRC is a unitary, multiparty republic country with two
legislative houses - the Senate with 108 members and the National Assembly with 500 members.
According to the Constitution, the President is the Chief of State and is elected for a maximum of
two five-year terms. The Prime Minister is the head of government and is formally appointed by
the President. The country is led by a semi-presidential, strongly decentralized State. The
executive at the central level is divided between the President and the Prime Minister. With 26
Justices, the Supreme Court is the highest judicial organ in the country, while the country also
has a Constitutional Court with nine judges39.

As for the legal framework, the DRC is a civil law country. The main provisions of its private law
are traced back to the 1804 Napoleonic Civil Code. More specifically, the Congolese legal system

36
World Bank, 2021. Population of Democratic republic of Congo.
37
World Population Review. DRC population 2022.
38
Open Doors International/World Watch Research, January 2022. Democratic Republic of the Congo: Full
Country Dossier. file:///C:/Users/INFO/Downloads/Full-Country-Dossier-DRC-2022%20(1).pdf.
39
Open Doors International/World Watch Research, January 2022. Democratic Republic of the Congo: Full
Country Dossier. file:///C:/Users/INFO/Downloads/Full-Country-Dossier-DRC-2022%20(1).pdf.

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is primarily based on Belgian law; as a result, the general characteristics of the DRC legal system
are similar to those of the Belgian legal system. Customary law or tribal law is another basis of
the legal system of the DRC. Local customary laws regulate both personal status laws and
property rights, particularly in the various traditional communities of the country. Although the
DRC’s Constitution subordinates the customary laws to State laws, customary laws settle 75% of
disputes in the country. International treaties and agreements are the second source of law. By
virtue of article 215 of the Constitution, treaties and international agreements that the DRC duly
concludes must prevail over Congolese legislation, upon publication in the government gazette,
Journal Officiel. Legislation is a third source of law, where the DRC’s Constitution distinguishes
between organic laws and ordinary laws. Unlike ordinary laws (lois ordinaires), organic laws (lois
organiques) are a special kind of legislation that organize key areas of national life and require an
absolute majority to be passed and amended40.

DRC is endowed with an abundance of natural resources. However, besides a host of historical
factors, weak public sector institutions, high rate of internal migration, food insecurity, and
constant armed conflicts are among the many challenges facing the country. Nevertheless, the
country has witnessed the first peaceful handover of government following the 2018 elections
after 60 years of independence, and the current government is pursuing an ambitious reform
agenda aimed at restoring peace and fostering economic development. The international
community is supporting governmental efforts with a close political dialogue and technical
monitoring41.

Economy
The DRC’s economy is largely dependent on the commodity market, particularly copper, cobalt,
tin, tungsten, and tantalum. Indeed, DRC’s rich natural resources, large population, and strategic
location in Central Africa make it a potentially rewarding market for international companies.

40
Dunia P. Zongwe, François Butedi and Phebe Mavungu. Overview of the Legal System of the Democratic
Republic of the Congo (DRC) and Research.Clément.
https://www.nyulawglobal.org/globalex/Democratic_Republic_Congo1.html
41
Federal Ministry for Economic Cooperation and Development. (2022). DEMOCRATIC REPUBLIC OF THE
CONGO: A country in deep crisis. https://www.bmz.de/en/countries/democratic-republic-of-the-congo

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However, persistent conflict in the region, weak institutions, and low political willingness
undermine the DRC’s commercial and investment climate and make it rather challenging.

DRC is among the five poorest nations in the world. In 2018, about 73% of Congolese or about 60
million people lived on less than USD 1.90 a day42. More than 20% of the population is dependent
on humanitarian assistance43.

4.2 Maritime and inland water transport profile

Maritime and inland Waterways in DRC
DRC, with only 40 kilometres of coastline on the Atlantic Ocean, is almost a landlocked country.
However, the country has more inland waterways than any other continent in Africa44. The
navigation network of inland waterways of DRC is estimated at 17,000 km according to the
database of the International Commission of the Congo-Oubangui-Sangha Basin (CICOS), and is
based on the Congo River and its tributaries, creating one of the main transportation routes in
Central Africa. Other data, according to CICOS, mention 25,000 km, including lake waterways.

Congo River Lake Kivu

(Source : https://www.cicos.int/wp-content/uploads/voies-navigables)

The Congo River, formerly also known as the Zaire River, is the second longest river in Africa,
behind the Nile, with 4,700 km long. As the river flows, its width varies between 5.75 km to 11.3
km. The river flows through seven countries, including the Republic of the Congo, the Central

42
World Bank. (2022). Republic Democratic of Congo: Overview.
43
Global Network Against Food Crises. (2022). Global Report on Food Crises: Joint Analysis for better
Decisions. https://www.fao.org/3/cb9997en/cb9997en.pdf
44
Encyclopaedia Britannica. Congo River, Africa. https://www.britannica.com/place/Congo-River.

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African Republic, Zambia, DRC, Angola, Cameroon, and Tanzania. The Congo River is divided by
two series of falls into three sections with distinct characteristics:
• the Lower Congo River, with many gorges and waterfalls: It runs from the mouth of the
Congo River to Matadi (148 km). It also includes the main tributaries: Kwilu (200 km),
Inkisi (640 km), and Djoué (175 km);
• the Middle Congo River, with a steady stream: It runs from Kinshasa to the Boyoma Falls.
With a length of approximately 14,000 km, it includes, Kwa-Kassai (2,153 km), Fimi (1,070
km), Lukenie (900 km), Kwango (1,702 km), Sankuru (1,280 km), Sangha (1,395 km),
Ubangi (2,299 km), Aruwimi (1,287 km), etc.
• the Upper Congo River, with many tributaries and rapids: It runs over 3,300 km. It includes
the Lualaba River and its tributaries, 2,000 km and the great lakes, 1,300 km.

Furthermore, the three main navigable rivers in the Congo River basin (see Figure 4.2) are as
follows:
• the river Congo from Kisangani in the east of DRC to Kinshasa and Brazzaville;
• the Oubangui river, which is the main tributary to the Congo River, navigable from the
town of Bangui in the northwest of DRC to its confluence with the main river west of the
town of Mbandaka; and
• the Kasaï river, which is navigable from the town of Ilebo to its confluence with the Congo
River northeast of Kinshasa/Brazzaville.

Apart from the river network, the importance of the lakes network in the inland waterways of
the DRC should also be noted. This includes Lake Tanganyika, covering 1,425 km2 that links the
DRC to Zambia, Tanzania and Burundi. Then there is Lake Kivu, one of the great lakes of Africa. It
is located between DRC and Rwanda, and covers a total area of 2,700 km2. Other lakes include
Lake Mai Ndombe in Bandundu, with its large town of Inongo, Lake Moero between DRC and
Zambia, and lakes Mobutu and Idi Amin between the DRC and Uganda.

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 Figure 4.2. The three main navigable rivers in the Congo river basin (Source: CICOS)45

Classification of inland waterways in DRC

The inland waterways, including the river and lake routes in the DRC, fall under four categories
(see Figure 4.3), with respective responsible authorities.

• Category 1. It includes routes that offer navigation depths of more than 2 m in high water
and 1.3 m in low water. These are accessible by barges of more than 800 tons, with the
possibility of forming convoys of about 10,000 tons.
• Category 2. It includes routes that offer navigation depths of 1.3 m in high water and 1 m
in low water. These are accessible by barges of 200 to 800 tons, with the possibility of
forming convoys of about 5,000 tons.
• Category 3. It includes routes that offer navigation depths of 1 m in high water and 0.5 m
in low water. These are accessible to barges of 50 to 450 tons, with the possibility of
forming pushed convoys of about 800 tons.
• Category 4. This is about 10,000 km of waterways, classified as agricultural service routes.
It includes routes that offer navigation depths of less than 0.7 m in high water and 0.2 m
in low water. These are accessible to wooden boats, and barges of 40 to 50 tons, with the
possibility of forming convoys of about 200 tons.

45
https://www.cicos.int/navigation-interieure/voies-navigables/

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Responsibility for the development and maintenance of waterways lies respectively with the
Congolaise des Voies Maritimes – CVM for the maritime reach (Lower Congo) and the Régie des
Voies Fluviales- RVF for the Middle and Upper Congo. The RVF and CVM are responsible for the
maintenance and development of waterways of Category 1, 2 & 3, in the respective reaches.
Category 4 waterways, however, are under the responsibility of the Directorate of Agricultural
Service Routes (la Direction des Voies de Desserte Agricole- DVDA).

Figure 4.3. Categories of navigable waterways in DRC (Source: CICOS, 2015)46

Waterways transport in DRC

The waterways along the coast of the Atlantic Ocean, rivers and lakes have been for a long time
an important means of transport of goods and people.

Figure 4.4. Ships used on the Congo River dating back to 1880-1890 (Source: Wikipedia, 2020)47

46
https://www.cicos.int/navigation-interieure/voies-navigables/
47
https://nl.wikipedia.org/wiki/Lijst_van_stoomboten_gebruikt_voor_de_verkenning_van_Congo

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Currently, three maritime ports along the rather short Atlantic Ocean coastline facilitate DRCs
international trade – Matadi, Boma, and Banana. Matadi is the most important of these three
ports.

The significant lack of road infrastructure in DRC makes inland water transport through rivers and
lakes extremely important for transporting goods and passengers. River routes are particularly
important in the DRC’s interior provinces, where the population is mainly concentrated along the
rivers, and where, waterways are often the only service. The DRC’s network of inland waterways
includes 40 main river ports, and more than 200 secondary ports (boat docking points),
particularly on the Congo River and its rivers. Along with its tributaries, the Congo River is
accessible to boats and barges across almost all the provinces of the DRC. In particular, the middle
Congo has denser traffic than the other provinces. It serves as an interchange route for the entire
central Congo basin and connects the city province of Kinshasa to the provinces of Bandundu,
Kasai Occidental, Kasai Oriental, Equateur and Province Orientale, as well as neighbouring
countries such as Cameroon, the Republic of Congo and the Central African Republic.

Inland waterways in DRC play a major economic and social role and allow the country to connect
the villages with both coastal areas and the neighbouring country.

Passenger ferry transport in inland waterways

In DRC, more passengers and goods are transported through inland water transport by boat and
ferry than in any other country in Africa. Kinshasa, the capital of DRC, with 7 km of river facade
occupied by wharfs and jetties, is the largest inland waterways port in Africa. The Kinshasa-
Kisangani route on the Congo River is the longest (1,000 km) and best-known in the continent.

Figure 4.5. Congo: A river journey 48

48
https://www.bbc.co.uk/news/resources/idt-sh/congo. https://www.cicos.int/category/navigation-interieure/

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 Figure 4.6. Balénières at the beach in Kinshasa 49

The extensive inland waterways allow links between many provinces within the country as well
as to cities in neighbouring countries. The middle Congo River and its tributaries are hosts to the
principal domestic waterways in the DRC. Lake waterways are also of prime importance in
domestic transportation in DRC. The main international links via inland waterways, principal river
routes and main domestic river and lake waterways in the DRC are at Table 4.1.

Table 4.1. Principal inland waterway transport systems in the DRC

Waterway Description Route

International Congo River Kinshasa to Brazzaville in Republic of the Congo
across the River
Ubangui River Kinshasa to Bangui in Central African Republic
Lake Kivu Goma and Bukavu to Gisenyi, Kibuye, and
Cyangugu in Rwanda
Lake Tanganyika Kalemie, Kulundu-Uvira, and Moba to Kigoma in
Tanzania, Bujumbura in Burundi, and Mpulungu in
Zambia
Luapula R. - Lake Mweru system Kasenga, Pweto to Nchelenge, Kashikishi, and
Kashiba in Zambia
River system River Congo Kinshasa to Mbandaka and Kisangani
Kasai River Kinshasa to Ilebo
Lake waterways Lake Tanganyika Kalemie to Kalundu-Uvira
Lake Kivu Bukavu to Goma
Lake Mai - Ndombe Fimi River to Inongo
Congo R. - Lake Tumba system Irebu on the Congo to Bikoro
Luapula R. -Lake Mweru system Kasenga to Pweto
Lake Albert Kisenye to Mahadi-Port

49
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Most waterway routes in the Congo River do not usually operate on regular schedules. Most large
Congo River ferry boats were destroyed during the civil war. Only smaller boats are running and
the services are irregular. The largest part of DRC’s river transportation services is provided by
small, informal, private operators for which activity statistics do not exist. In addition to the
numerous wooden canoes, the transport via rivers is operated by tugs pushing several barges
lashed together, like small floating towns, carrying hundreds of passengers and traders to their
destination. Usually, the river boats are considerably smaller and less seaworthy than those
navigating the lakes. Regarding their fabrication, apart from the small canoes and barges, very
few boats have been built in-country. A few, relatively modern fast ferries called ‘Cannot Rapides’
built in Europe, operate on the Congo River near the capital, Kinshasa. However, their fares are
reported to be very expensive. The lake ferries tend to be larger and are mostly built in Europe.
But they are poorly maintained and mostly incompetently operated.

Inland water transport fleet

According to data from CICOS and DMVN, the size of the registered fleet of DRC on the Congo
River and its tributaries is estimated at roughly 18,650 vessels, shared between Upper Congo
(7,000 units/6 registers), Middle Congo (11,150 units/10 registers) and Lower Congo (500 units/1
register). However, the total operational fleet in inland waterways was estimated at around 4,400
units. This is besides an unknown number of smaller boats and crafts propelled by outboard
motors or even paddles. Table 4.2 presents the DRC fleet operated on the Congo River, according
to the last updated statistic in 2014 by CICOS.

(Source: https://transportafrica.org/maritime/)

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 Table 4.2. DRC fleet operated on the Congo River (Source: CICOS, 2014)

Vessel type Number

(French nomenclature)
Baleniere 3600
Barge 2217
Canot 705
Pousseur 364
Ponton 297
Bac 118
Remorqueur 126
Chaland 61
Vedette 50
Other 3450
Total 10988

4.3 Governance of maritime inland water transport

Institutional regulatory framework of maritime and inland water transport
The DRC’s maritime and inland water transport sector is regulated by the Directorate of Maritime
Affairs and Waterways (French: La Direction de la Marine et des Voies Navigables- DMVN)50. The
DMVN is under the Ministry of Transport and Communication (MTVC). The Directorate has the
mission of ensuring the inspection of navigation, surveillance and river police, by establishing and
controlling regulatory standards for maritime and inland waterway transport activities, in
particular by monitoring port infrastructure, shipyards and waterways; monitoring and securing
floating units; and certification and supervision of seafarers. In this respect, the DMVN issues
administrative documents, including tonnage certificates; registration certificates; certificates of
seaworthiness; sailing permits and certificates of competence; certificates of extracts from
registers, and certificates of cancellation.

50
The DMVN is Operated by around 100 employees.

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The Ministry of Transport and Communication is represented at the provincial level by the
Maritime, River and Lake Commissariats (French: Commissariats Maritimes, fluviaux et
lacustres)51. However, the said commissariats are technically and administratively dependent on
the provincial governments. While the function of navigation inspection, surveillance and river
police is assigned to DMVN, the implementation of navigation inspection is carried out by the
Maritime, River and Lake Commissariats. Among other tasks, the Commissariats:
• implement the safety standards of the vessels established by national and international
regulations;
• ensure the technical inspections of the vessels;
• issue provisional certificate of seaworthiness;
• monitor the activities of maritime experts;
• issue exit permits certifying the seaworthiness of vessels for the voyages for which they
are intended and authorize their departure from ports;
• control and verify the qualification of seafarers;
• enlist crews;
• inspect vessel logbooks and keep a copy thereof; and
• receive voyage reports.

The Ministry of Transport has under its supervision several autonomous bodies and institutions
responsible for the development and maintenance of waterways, as described below.

The River Waterways Authority (Régie des Voies Fluviales- RVF) is a public agency under the
supervision of the Ministry of Transport and Communication. It is responsible for the
development and maintenance of the waterways of the middle and upper reaches of the Congo
River, including tasks regarding bathymetry, hydrography and cartography. It is also responsible
for dredging and mapping river routes for the upper section of the Congo River and its tributaries,
from Kinshasa to Kisangani as well as to Ilebo.

51
The commissariats employ a staff around 500, including administrative staff and officers at the various
checkpoints in 11 provinces of the DRC.

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The Congolese Maritime Routes Authority (la Congolaise des Voies Maritime - CVM) is a
commercial company in which the State is the sole shareholder. The CVM is responsible for
developing and maintaining the maritime reach i.e., the lower reach of the Congo River.

The National Office of Transport (Office National des Transports - ONATRA), currently called
“Commercial Company for Transports and Ports (Société Commerciale des Transports et des
Ports- SCTP)”, was established by Decree No. 0051 of November 7, 1995 under the Ministry of
Transport and Communication. The ONATRA was also granted the status of a public company
responsible for managing the transport sector. In addition to road and rail transport, the ONATRA
plays a key role in maritime transport, including maintenance, management and operation of
port facilities and cargo handling. It also plays a key role in river transport, including the
management of port facilities and river transport services on all rivers and lakes.

The High Council of River and Lake Navigation (Le Conseil Supérieur de la Navigation Fluviale et
Lacustre- CSNFL), created by Order No. 78-385 of 6 September 1978, is an advisory body of the
Ministry of Transport and Communication with the following mission:
• to study and prepare inland waterways policy and submit proposals to the Government;
• to study all requests relating to the operation on the Congo River as well as its tributaries
and the lakes;
• to review all amendments to international conventions and treaties relating to inland
water navigation; and
• to study all the means to be implemented to promote and guide the development of
inland water navigation.

In addition to the said authorities, other administrative institutions directly involved in the inland
waterway transport sector in the DRC include:
• Ministry in charge of the Interior, Decentralization and Safety, particularly its office, the
River, Lake and Maritime Police;
• Ministry of Finance, which, among other tasks, sets and collects the maritime and inland
waterways’ taxes and fees, ensures customs formalities, and controls administration
budgets;

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 • Ministry of Planning, which has a maritime, river and lake transport office responsible for
planning the development of port infrastructure and inland waterways transport;
• Ministry of Labour and Social Security;
• Ministry in charge of Agricultural Service Roads; and
• Ministry in charge of Hydrocarbons which has a Directorate of Distribution, Transport and
Storage to regulate the transport of petroleum products via the maritime and inland
waterways.

At the regional level, the International Commission of the Congo-Oubangui-Sangha Basin

(CICOS)52 was established under a regional agreement on November 6, 1999. CICOS, which has
its registered office in Kinshasa, brings together six Congo River countries: Angola, Gabon,
Cameroon, DRC, the Republic of the Congo, and the Central African Republic. The objectives of
CICOS are at Table 4.3.

Table 4.3. Objectives of CICOS

CICOS Headquarters in Kinshasa Objectives of CICOS

● ensuring the sustainable management of waterways;
● harmonizing regulations on river transport for the safety of
navigation and the promotion of the environment;
● integrating all uses of water resources into regional planning;
● optimizing water allocations by use;
● sharing between the States the benefits generated by the uses
of water;
https://www.cicos.int/category ● supporting the development and fighting poverty in the sub-
/navigation-interieure/ region; and
● promoting food security.

52
CICOS relies in its running funds on contributions from member countries, and donation from external
sources such as the European Union; Federal Ministry for Economic Cooperation and Development,
Germany; French Development Agency (ADF); World Bank; and the Group of African Banks of Development.

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CICOS plays an important role by assisting member countries with implementing initiatives for
inland shipping and sustainable water management. It provides coordination platforms between
the six countries, including the private sector, to ensure regular information-sharing, consultation
and participation on the part of the relevant actors and sectors in the member countries. CICOS
provides continuous support to its Regional Training Centre for Inland Navigation (CRFNI)53,
established by Decision n° 04/CICOS/CM-05 of the Committee of Ministers in Yaoundé on
December 13, 2007. CRFNI provides training to highly qualified personnel, such as captains and
chief engineers assigned to the operation of the river transport of passengers and goods, and
also personnel from other professions such as administrators, operators or port managers.

Bilateral and trilateral agreements preceded the creation of CICOS. The Brazzaville agreement
and the creation of CICOS recognize a basin-wide community of interests.

Although DRC is a full member and signatory of the Brazzaville agreement, its government and
officials view CICOS and the CEMAC-DRC Navigation Code as foreign policy instruments of
CEMAC, a sub-region it is not a part of. DRC was the last country to ratify the Brazzaville
agreement in 2003 and is yet to ratify the CEMAC-DRC Navigation Code.

Maritime and inland water transport regulations

At the international level in the maritime, the DRC has ratified six IMO Conventions - IMO
Convention, 1948; International Convention for the Safety of Life at Sea (SOLAS 74); International
Convention on tonnage measurement of ships, 1969 (TM 69); Convention on the International
Regulations for preventing Collisions at Sea, 1972 (COLREG 72); Convention on Seafarers'
Training, Certification and Watch-keeping, 1978 (STCW 78); and, London Convention, 1972.

At the national level, in terms of maritime governance, the Constitution of the Democratic
Republic of Congo of February 18, 2006, as amended by Law n° 11/002 of January 20, 2011, grants
the central government exclusive competence in maritime and inland navigation matters. In legal
matters in DRC, including maritime issues, the Larcier Codes constitute a reference tool for civil,

53
The Regional Training Centre for Inland Navigation was established in 2007 by CICOS. Since 2009, the CRFNI
has trained more than 1,500 crew members and administrative staff. In 2013, the DRC Minister of Transport
made it mandatory for all captains to obtain a certificate from the CRFNI to navigate on the river.

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penal, commercial, labour, fiscal, public and administrative law. Ordinance Law n°66/98 relating
to the Maritime Navigation Code and Law n° 66/96 of March 14, 1966, relating to the River and
Lake Navigation Code constitute the basic legislative texts of the maritime and inland waterway
transport sector in DRC. In addition to these Codes, DRC continues to refer to a large number of
legislative norms dating from the colonial era, as listed at Table 4.4. However, reforms are on
the Government’s agenda to take into account the provisions of the various international
instruments.

Table 4.4. Select legislative norms from the colonial era applicable to inland water transportation

• Ordinance 5TP of December 25, 1924 relating to the surveillance and policing
of navigation on the Upper River, tributaries and lakes;
• Ordinance No. 41-336 of October 14, 1954 on the Police of River Ports;
• Ordinance 64-560 of December 22, 1958 relating to navigation and policing,
protective measures for the waterway, engineering structures and port
facilities;
• Ordinance No. 41/334 of October 26, 1954, as amended by Ordinance No.
64/157 of April 15, 1958 that includes the legal regime of the seaports of
Matadi, Boma and Banana;
• Ordinance 63-13 of January 19, 1956 establishing maritime police stations in
the localities of Léopoldville, Boma, Matadi and Kalemie;
• Ordinance 67/133 of March 12, 1967 on implementing measures, with regard
to inspections and security certificates for commercial and fishing vessels;
• Ordinance No. 41/133 of October 9, 1954 on the handling and deposit of
flammable substances in the seaports of Bas Congo and Ordinance No. 22/98
of March 27, 1956 on occupational safety; and
• Ordinance 68-126 of March 28, 1968 on the organic regulations of the
maritime police.

There are also several Ministerial Decrees and Sectorial Circular Notes. Some relevant examples
are listed in Table 4.5.

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Table 4.5. Select Ministerial Decrees and Sectorial Circular Notes applicable to inland water transportation

• Decree No. 0051 of November 7, 1995 establishing the statutes of a public

company called the National Office of Transport, abbreviated as
“O.N.A.T.R.A.”, in Code Larcier, Tome III, vol. 1, 2002 Edition;
• Ordinance 80-256 of 2 November 1980 establishing and statutes of the
maritime freight management office, O.J.Z., n°22, 15 November 1980;
• Ordinance No. 71-308 of 3 December 1971 establishing the specifications for
the Régie des Voies Fluviales;
• Ordinance n°78-198 of May 5, 1978 on the statutes of a public company called
Régie des Voies Maritimes, J.O.Z., n°10, May 15, 1978, Larcier Code, Tome III,
vol. 1, 2002 Edition, p.362; and
• Law No. 74-026 of December 2, 1974 creating the Compagnie maritime
zaïroise, J.O.Z., No. 4, February 15, 1975, p. 124.

At the sub-regional level, for inland navigation, there are certain regulations put in place by CICOS
including those listed at Table 4.6.

Table 4.6. CICOS regulations

• The Agreement establishing a uniform river regime and creating the

International Commission of the Congo-Oubangui-Sangha Basin (CICOS) of
November 6, 1999;
• The CEMAC-DRC Inland Navigation Code (not yet ratified by the DRC);
• Common regulations relating to the contract for goods by inland waterway; and
• Regulations for the construction and maintenance of inland navigation vessels.

4.4 Domestic ferry accidents in the DRC54

Trends in accidents
In the last ten years (2011-2021), DRC has experienced 30 accidents, resulting in a total of 2,130
fatalities. The set of sporadic accidents in the dataset for the DRC reflects an increasing trend in
the DRC over the past decade (Figure 4.7).

54
This section of the report is based on statistics drawn from the Arcsilea database.

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 9
8 Total
8 Linear…
7

Number of accidents
6
5 5
5
4 4
4
3
3
2
1
1
0 0 0
0
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Figure 4.7. Trend of accidents in DRC: 2011-2021 (Source: Arcsilea)

As per the database, in 2020 there were no fatal domestic passenger ship accidents in the DRC.
However, media reports indicate that on 16 March 2020 a canoe (traditional domestic passenger
boat) carrying more than 30 people capsized while sailing on River Lukuga in the DRC as a result
of which at least 15 people, mostly students, lost their lives (Figure 4.8). In fact, accidents occur
daily in Congolese waters, in particular on the river routes. Occasionally, when bodies or property
are found floating in the water, someone may coincidentally detect and report that an accident
has occurred55. Otherwise, most accidents would apparently go unreported. Therefore, the
factual accident numbers would be considerably higher than the database records of this study.

(a) (b)

Figure 4.8. (a) Example of a canoe56 (traditional domestic passenger boat); (b) Fatal canoe accident (2020) 57

55
Munyangeyo, A. (2021). Assessment and Proposals for Improved Transportation Safety on Congo River.
Master's thesis, Høgskolen på Vestlandet. Western Norway University of Applied Sciences, Norway.
56
BBC, 2021. Congo River: At least 60 drowned after boat capsizes. https://www.bbc.com/news/world-africa-
56082260
57
Anadolu Agency, 2020. Democratic Republic of Congo: 15 die in canoe accident.
https://www.aa.com.tr/en/africa/democratic-republic-of-congo-15-die-in-canoe-accident/1768371

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Causal factors of accidents
Although many different types of vessels are being used for transportation, more than 95% of
them are wooden or mono-hulled fibre boats of traditional construction with an open deck. It is
also worth emphasizing that usually, the river boats are considerably smaller and less seaworthy
than those navigating on the lakes. Irrespective of the navigational area, fatal ferry accidents
occur frequently in the DRC since the boats are poorly maintained, and mostly overcrowded with
passengers who often cannot swim and rarely have life jackets58, 59.

In a recent casualty, an overcrowded boat carrying more than 400 passengers capsized on
14 February 2021 after striking a rock60 near Kinshasa while navigating on the Congo River.
Although night navigation is prohibited, at the time of the accident, the boat was making a 435
nm night voyage from Kinshasa to Mbandaka City. DRC officials reported that more than 60
people lost their lives as a result of the accident, while 300 were rescued.

In DRC, the most frequently reported accident types were capsizing/sinking, followed by
collision/sinking, representing 70% of the total accidents (Figure 4.9).

17%
3%

3%
3%
4% 60%
10%

Capsize/Sinking Collision/Sinking Allision/Sinking Grounding/Sinking

Fire Hull failure/Sinking Unknown

Figure 4.9. Percentage distribution of accidents in DRC: 2011-2021 (Source: Arcsilea)

58
Munyangeyo, A. (2021). Assessment and Proposals for Improved Transportation Safety on Congo River.
Master's thesis, Høgskolen på Vestlandet. Western Norway University of Applied Sciences, Norway.
59
Baird, N. (2018). Fatal ferry accidents, their causes, and how to prevent them. PhD thesis, Australian
National Centre for Ocean Resources and Security, University of Wollongong, Australia.
60
BBC, 2021. Congo River: At least 60 drowned after boat capsizes. https://www.bbc.com/news/world-africa-
56082260

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Geographic distribution of accidents
The geographical distribution of accidents indicates that 46% of the accidents occurred on lake
routes, and 43% of the accidents occurred on river routes. Congo River (20%), Lake Kivu (20%),
Lake Mai (14%), and Lukenye River (10%) are the main areas where accidents occurred more
frequently. Accidents occurred frequently in the Congo River, on Kisangani-Isangi, Bandunu
Province routes, Kwamouth routes, Tshuapa Province routes, and Tshopo Province routes. In
Lake Kivu, accidents occurred frequently on routes to and from Goma, Bukavu, Eastern DRC, and
Idjwi Island. In Lake Mai, accidents occurred frequently on routes to and from different points of
Ndombe i.e., Lukanga-Inongo, Botangere-Selenge, Kesenge-Inongo and Inongo-Selenge. In the
Lukenye River, accidents occurred frequently on Kasai Province routes (Figure 4.10).

3% 3% 3%
3%
3% 20%

7%

7%
20%
7%

10%
14%

Lake Kivu Congo River Lake Mai Lukenye River Lake Tanganyika Kasai River

Unknown Tshuapa River Lake Edward Ubangui River Northern area Lake Albert

Figure 4.10. Percentage distribution of accidents in DRC by location: 2011-2021 (Source: Arcsilea)

Based on the accident data examined, it can be said that the accident-prone areas will be
important to consider when determining the areas where safety intervention is required. On
those routes, the most cited causes in the literature leading to accidents include overloading,
followed by poorly maintained (unseaworthy) boats, lack of education and training of crew and

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masters who generally have little or no formal maritime education or training61. More
interestingly, even crocodiles and hippopotamus in the rivers and lakes are turning into hazards
in combination with poor formal search and rescue services which can cause loss of lives. In 2012,
on the Congo River near Kinshasa, it was claimed that 170 people were taken by crocodiles. 62, 63

4.5 Previous external funding for inland water transport in DRC

The DRC’s inland waterways transport has benefited in the last two decades from two major
projects funded by the World Bank and the European Development Fund.

The Multimodal Transport Project was funded by the World bank with USD 435 million. The river
and lake sector benefited from USD 8.85 million for the RVF from this project. The project was
launched in 2004 for five years, to 2010 and then extended for additional five years until 2015.

The Support Programme for the Navigability of Rivers and Lakes Waterways was financed by the
European Development Fund through a grant of 60 million euros. The EU-DRC project was signed
in December 2010. The project targeted three main navigable reaches: Kinshasa-Kisangani on the
Congo River, Kwamouth-llebo on the Kasai River, and the reach over the Tanganyika Lake. The
main stakeholders in this program were the MTVC, RVF, CVM, SCTP, SNCC and CICOS.

61
Munyangeyo, A. (2021). Assessment and Proposals for Improved Transportation Safety on Congo River.
Master's thesis, Høgskolen på Vestlandet. Western Norway University of Applied Sciences, Norway.
62
Baird, N. (2018). Fatal ferry accidents, their causes, and how to prevent them. PhD thesis, Australian
National Centre for Ocean Resources and Security, University of Wollongong, Australia.
63
Congo Travel and Tours. (2022). Kinshasa. https://congotravelandtours.com/travel-in-congo/

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5 INDONESIA
5.1 General information and characteristics of Indonesia
Geography
Indonesia is an island country, located between mainland Southeast Asia and Australia in the
Indian and Pacific Oceans. It covers a total area of 1,919,440 sq km (land area: 1,826,440 sq km;
water area: 93,000 sq km). It shares borders with seven countries: Malaysia, the Philippines, and
Brunei on the North; Papua New Guinea and Timor-Leste on the East; Sri Lanka on the West; and
Australia on the South.

Indonesia is the world’s largest archipelago, consisting of more than 17,000 islands, of which
about 6,000 are inhabited. There are two major archipelagos: Nusa Tenggara and the Maluku
Islands, and about 60 smaller archipelagos. The biggest islands in Indonesia are Sumatra, Java,
Borneo (known as Kalimantan in Indonesia), Sulawesi, and New Guinea. Four islands are shared
with other countries: Borneo with Malaysia, Brunei and Sebatik also with Malaysia, Timor with
East Timor, and New Guinea with Papua New Guinea (Figure 5.1).

Figure 5.1. Map of Indonesia (Source: World Atlas, 2022)

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Indonesia has approximately 95,000 km of coastline. The archipelagos include seven seas: Java,
Banda, Bali, Flores, Timor, Celebes, and the Arafura Seas. Additionally, there are two important
straits, the Makassar Strait between Borneo and Sulawesi and the Malacca Straits between
Malaysia and Sumatra.

Many rivers flow throughout the country. The Kapuas is the longest river. It is located in Borneo
and runs for 1,143 km. Other rivers include: Musi, Batanghari, Indragiri, and Kampar Rivers in
Sumatra; the Kapuas, Barito, Mahakam, and Rejang Rivers in Kalimantan; and the Memberamo
and Digul Rivers in Irian Jaya.

Indonesia has a hot and humid climate, with an average temperature of 26 °C. November to
March is the monsoon season. Tsunamis and floods are among Indonesia's most significant
weather hazards.

Demographics
Indonesia is the fourth most populous country in the world, with a population of more than 270
million64. Almost 60 percent of Indonesia's population resides on Java Island, making it the most
populous island in the world. Jakarta is the capital and largest city in Indonesia, and is located in
northwest Java. Jakarta is home to more than 10 million people, making it the largest city in
Southeast Asia, and one of the world’s most populous urban agglomerations65.

Indonesia is one of the world's most linguistically diverse nations, with over 70066 spoken
languages. English is the lingua franca67. Over 90 percent of the population speaks Indonesian,
but it is the primary language of only 20 percent of the people. At the same time, Javanese (Jawa)
is the most common primary language, with over 30 percent of the population speaking it.

64
Statista. (2022). Demographics of Indonesia - statistics & facts.
https://www.statista.com/topics/8377/demographics-of-indonesia/#dossierKeyfigures.
65
World population review. (2022). Jakarta population 2022. https://worldpopulationreview.com/world-
cities/jakarta-population
66
Ravindranath, M., & Cohn, A. C. (2014). Can a language with millions of speakers be endangered?.
67
Zein, S. (2020). Language policy in superdiverse Indonesia. Routledge.

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Political
The Republic of Indonesia was declared in 1945 with jurisdiction from Sabang in Sumatra to
Merauke in Papua. Yogyakarta became the provisional capital. Although the Republic of the
United States of Indonesia, was founded in 1949, a year later, in 1950, the federated
governments returned to a unitary system and named the Republic of Indonesia. A presidential
decree reinstated the 1945 constitution, and this constitution remains the basis of Indonesia's
government albeit with some significant amendments.

Indonesia is divided into 30 provinces (provinsi), plus the special districts (daerah istimewa) of
Yogyakarta in central Java and Aceh in northern Sumatra, and the special capital district (daerah
khusus ibukota) of Jakarta, known as Jakarta Raya.

Indonesia is a presidential representative democratic republic with a multi-party system. The

President is both, the Head of State and Head of Government. Executive power is exercised by
the government. Legislative power is shared by both, the government and the bicameral People’s
Consultative Assembly. The judiciary is independent of executive and legislative powers.

Executive power vests largely with the President of the Republic of Indonesia who is assisted by
a Vice President and a Cabinet of Ministers. Until 2002, the President and Vice President were
elected by the People’s Consultative Assembly, but since 2004 both leaders were to be directly
elected via a popular vote. Also, the 1999 legislation limited the president to two, 5-year terms.
The President appoints the cabinet ministers. The President is also the Supreme Commander of
the army, navy, and air force. In addition, the President has the authority to introduce legislation,
issue regulations, implement laws, and negotiate treaties with foreign countries. The
Constitution also provides the President with an advisory body namely, the Supreme Advisory
Council (Dewan Pertimbangan Agung), whose advice is not legally binding, and a presidentially
appointed Supreme Audit Board (Badan Pemeriksa Keuangan), which controls State finances.

The People's Consultative Assembly (Majelis Permusyawaratan Rakyat, or MPR) is the legislative
branch of the government of Indonesia. The MPR is primarily tasked with interpreting the
constitution and the broad lines of State policy. Since the 2004 elections, the MPR has been
bicameral, with the Council of People's Representatives (Dewan Perwakilan Rakyat, or DPR) as
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the lower house and the Council of Regional Representatives (Dewan Perwakilan Daerah, or DPD)
as the upper house. About 80% of the MPR seats are in the DPR. The DPR members are elected
through a province-based proportional system, while the DPD members are elected directly from
a nationwide pool of nonpartisan candidates. All legislators serve five-year terms.

The judicial system in Indonesia comprises the Jakarta Supreme Court (Mahkamah Agung) as the
final court of appeal, while high courts in principal cities hear appeals from district courts. The
President chooses the Supreme Court judges from the nominees presented by the Judicial
Commission, a special body appointed by the upper house (DPD). The judges are civil servants,
overseen by the Supreme Court and the Judicial Commission. In addition, the Supreme Court
justices choose the Chief Justice and Deputies. Another court within the Indonesian judicial
system is the Constitutional Court (Mahkamah Konstitusi). Established in 2003, its mission is to
review president-related cases.

As for the legal framework, under the colonial administration, the law was a mix of Dutch and
local customary law known as adat. Since independence, criminal law has been codified for all of
Indonesia. Civil law, however, continues to be based on adat. There are four judicial spheres,
including general matters, religious, military, and administrative, each with its own courts. The
religious, military, and administrative courts handle special cases or groups of cases, while the
general courts handle both civil and criminal cases. Over 87% of Indonesian are Muslims and may
choose to use Islamic law in some civil cases whereas, since the mid-1970s, religious law has
applied to all marriage-related civil matters.

Economy
Indonesia is the largest economy in Southeast Asia and one of the world’s emerging market
economies. In 2021, the country recorded a nominal GDP of USD 1.19 trillion68, and a GDP per

68
The World Bank. (2022). GDP, PPP (current international $) – Indonesia.
https://data.worldbank.org/indicator/NY.GDP.MKTP.PP.CD?locations=ID.

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capita (PPP) of USD 3.57 trillion69. Over the past two decades, sound economic policies have
contributed to the country’s steady growth, fluctuating around 5% p.a.

As a G20 member with a middle income, Indonesia is classified as a newly industrialized

country70. The country relies on its domestic market, government budget expenditures, and
state-owned enterprises. It is a significant exporter of crude petroleum and natural gas. In
addition, Indonesia is one of the world's leading suppliers of rubber, coffee, cocoa, and palm oil.
It also produces a wide range of other commodities, including sugar, tea, tobacco, copra, and
spices (such as cloves).

Because of its easy entry requirements and strategic location between Asia and Australia and the
Pacific and Indian Oceans, Indonesia is a preferred transit nation for asylum seekers. Recent
asylum seekers included Afghans, Rohingyas, Iraqis, Somalis, and Sri Lankans. Indonesia is also a
source of migrant labour, and highly skilled migrant workers in particular. The last decades of
high unemployment and underemployment, domestic poverty, and low wages have resulted in
legal and illegal international labour migration from Indonesia to other parts of the world, such
as Malaysia and the Middle East, Australia, Canada, New Zealand, and the United States.

Although Indonesia has recorded significant economic growth in the last decades, its economic
landscape still includes poverty, unemployment, inadequate infrastructure, corruption, a
complex regulatory environment, and unequal resource distribution among its regions.

69
The World Bank. (2022). GDP (current USD)- Indonesia.
https://data.worldbank.org/indicator/NY.GDP.MKTP.PP.CD?locations=ID.
https://tradingeconomics.com/indonesia/gdp#:~:text=GDP%20in%20Indonesia%20averaged%20317.06,5.67
%20USD%20Billion%20in%201967.
70
G20 INDONESIA 2022. Explore Indonesia. https://g20.org/explore-indonesia/

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5.2 Maritime profile of Indonesia
Shipping industry
Indonesia's location between Asia and Australia and the Indian and Pacific Oceans makes its sea
area an important shipping lane for the international community71. The country’s more than
17,000 islands can only be connected by sea; therefore, the sea unites, rather than divides,
Indonesia's islands, areas, and regions.

The national shipping industry in Indonesia is regarded as a strategic sector, and its development
is of high priority to improve the country’s competitiveness in the global market72. At least since
2014, the government has boosted maritime infrastructure development in Indonesia to match
other major infrastructure projects. Yet the existing infrastructure is inadequate to meet the
current volumes of trade. The government thus continues to focus on improving maritime
infrastructure, including ports and island connectivity.

Indonesia has hundreds of small ports throughout its islands. Of the larger ports, eleven are
commercial ports operated by state-owned companies, and eleven are container ports73.

Jakarta’s Tanjung Priok port is the leading international gateway and a significant entry point for
domestic trade, through which 70% of Indonesia’s container exports and imports pass. The
container port was the 22nd busiest in the world as per Lloyd’s One Hundred Ports 2019. In 2021,
it handled 6.8 million TEUs74. In addition, approximately 14 million passengers and over 300
million tons of cargo are transported annually via inter-island shipping.

71
DUHA, Junindra et SAPUTRO, Guntur Eko. Blue Economy Indonesia to Increase National Income through
the Indian Ocean Rim Association (IORA) in the Order to Empower the World Maritime Axis and Strengthen
State Defense. JMKSP (Jurnal Manajemen, Kepemimpinan, dan Supervisi Pendidikan), 2022, vol. 7, no 2,
p.514-527.
72
HARTANTO, Hartanto, VICTORIA, Ong Argo, et CHUASANGA, Anirut. Maritime transportation of Indonesian
policy. Jurnal Pembaharuan Hukum, 2019, vol. 6, no 1, p. 36-44.
73
Open to Export. (2022). Ports Sector in Indonesia. https://opentoexport.com/article/ports-sector-in-
indonesia/.
74
Damas Jati. (January, 2022). Priok Enjoyed 8.78% Container Throughput Growth in 2021. The Shipping
Gazette. https://theshippinggazette.com/priok-enjoyed-8-78-container-throughput-growth-in-2021/.

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Regarding the merchant fleet, the operational Indonesian’ flagged ships in 2020 were estimated
at 10,762, according to UNCTAD Statistics (Figure 5.2). Indigenously built vessels comprise about
a fifth of the flag vessels, whereas ships built in Japan and the EU account for nearly 50% and 15%
of the fleet, respectively75.

Coast/area ratio Ship building Ship recycling

50.7 m/km2 64,473 GT 5,860 GT

Fleet-National flag Fleet-National flag Fleet-Ownership

29,015 thousand DWT 10,762 ships 26,972 thousand DWT

Container port throughput Number of seafarers Number of port of calls

14,025,449 TEU 143,702 181,658

Figure 5.2. Maritime profile of Indonesia (UNCTAD, 2021)

Indonesia also has a long history of shipbuilding. There are approximately 250 shipyards in
Indonesia with a production capacity of one million DWT per year for new shipbuilding and about
12 million DWT per year for ship repair76.

Domestic ferry transport in Indonesia

With more than 17,000 islands, ferry transportation is crucial for connecting people and moving
goods from one island to another. In 2020, Indonesia had approximately 472 inland boats and
ferries, serving about 49 million passengers.

Ferry transport in Indonesia is operated by the State and with State subsidies. Three types of
shipping companies offer inter-island passenger services as follows:
• the State-owned PT PELNI network delivering vital services all over the country. PT PELNI
Indonesia Ferry (Persero), the largest ferry operator in Indonesia, owned 154 ferries,
according to 2020 statistics;77

75
World Maritime University. (2018). DOMESTIC FERRY SAFETY IN INDONESIA: HAZID/Scoping exercise to
identify safety issues pertaining to passenger ships in Indonesia not engaged in international voyages.
76
Indonesia Water Portal. (February, 2020). The Ministry of Industry Supports the Development of the Shipyard
Industry. https://www.indonesiawaterportal.com/news/the-ministry-of-industry-supports-the-development-
of-the-shipyard-industry.html
77
Statista research department. (2022, March). Number of inland boats and ferries Indonesia 2013-2020.

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 • mid-size companies operating trunk line passenger services by RO/RO passenger ships
and speed boats; and
• local small-size companies offering service by small speed boats.

There are, in total, 380 RoPax ferries in Indonesia (see examples in Figure 5.3). The ownership of
these RoPax ferries is split between the State-owned company, PT ADSP (148 ferries; 54%), local
government, BUMD (25 ferries; 7%), and the private sector (207 ferries; 39%).

Figure 5.3. Ferry ships in Indonesia (Source: https://www.indonesiaferry.co.id/en/home)

Registration of vessels, including ferries, is handled by two separate bodies. Ships over 7 GT are
registered with any one of the Directorate General of Sea Transportation (DGST) local Port
Administration Offices (Pelabuhan- ADPEL) or Port Offices (Kantor Pelabuhan- KANPEL). Ships of
over 100 GT or over 20 meters in length are registered with the Indonesian Classification Bureau
(Biro Klasifikasi Indonesia, or BKI) registry.

Several types of traditional boats are engaged in domestic shipping in Indonesia.78 Traditional
ships currently found in Indonesia fall into four types (see examples in Figure 5.4):
• Nade from Western Indonesia, especially around Sumatra Island;
• Lete with an average tonnage capacity of 25-70 m3, dominant in Java and Madura;
• Lambo from South-East Sulawesi with an average capacity of 25-250 m3; and
• Phinisi or Pinisi from South Sulawesi which is now the predominant type of traditional
ship found almost everywhere in Indonesia.

78
Charlotte Minh-Hal Pham. 2012. Unit 14 Asian Shipbuilding Technology, UNESCO Bangkok.

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 Figure 5.4. Traditional boats in Indonesia

Without official records, it is difficult to ascertain the precise numbers of the traditional boats.
According to the Indonesia Investment, Trade Strategy and Agreements Handbook (2016), the
number of traditional ships in 1989 was 4,000, with a capacity of 200,000 DWT. However, current
numbers may be expected to be far lower, given that the government of Indonesia has banned
logging, and at least half the shipping casualties each year involve traditional ships, many of which
end up as a constructive total loss.

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Indonesia has three primary ferry lanes, the North, Middle, and South belts, served by long-
distance ferry services. The longest ferry route is 530 nm. There are 278 ferry lanes across the
Indonesian archipelago served by the 380 Ro Pax ferries. Of these, 55 are commercial lanes
served by 289 ferries, and the remaining 223 are pioneer routes operated by 91 ferries. Figure
5.5 provides a broad overview of the domestic ferry routes.

Figure 5.5. Ferry routes in Indonesia (https://indearchipel.com/2017/03/22/reizen-pelni-schip-indonesie/)

Indonesia has around 2,100 ports, of which 111 are managed and operated by PT (Persero)
Pelabuhan Indonesia/Public Port Corporation (PELINDO), and 141 are designated as international
ports and open to international trade. Ten commercial and 33 non-commercial ports connect 13
routes (T1-T13), integrating the sea highway with current ferry lanes. The ferry operations are
supported by 213 ferry ports and would be further augmented by the 24 ports under construction
and another 209 planned for development. Figure 5.6 presents examples of ferry ports.

Figure 5.6. Ferry ports in Indonesia (https://www.indonesiaferry.co.id/en/home)

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5.3 Domestic ferry transport regulatory framework in Indonesia
General overview of the legal framework
Indonesia has signed the United Nations Convention on the Law of the Sea (UNCLOS). It is also
party to several IMO instruments: International Convention for the Safety of Life at Sea, as
amended (SOLAS); Convention on the International Regulations for Preventing Collisions at Sea,
as amended (COLREG); International Convention for the Prevention of Pollution from Ships, as
amended by its Protocol of 1978 (MARPOL), as well as Annexes III, IV, and V of the Convention;
and the International Convention on Civil Liability for Oil Pollution Damage (CLC) and its Protocol
of 1992.

The primary source of maritime law in Indonesia is Law No. 17 of 2008 on Shipping (the Shipping
Law). The law contains 355 articles that govern the public and private aspects of maritime law,
including maritime safety, security, seaworthiness, port affairs, and protection of the marine
environment. The Shipping Law provides the legal framework for shipping activities in Indonesia.
It also establishes penalties for violations of its various provisions.

Indonesia has also enacted various national laws, some of which implement some of the
aforementioned international treaties. A non-exhaustive list is presented at Table 5.1.

Table 5.1. Non-exhaustive list of national maritime legislation in Indonesia.

• Law No. 32 of 2014 on Ocean Affairs (Ocean Law);

• Law No. 6 of 1996 on Indonesian Waters (Waters Law);
• Law No. 5 of 1983 on the Indonesian Exclusive Economic Zone;
• Law No. 36 of 2002 relating to innocent passage (Innocent Passage Regulation);
• Law No. 37 of 2002 relates to the passage through Indonesia’s partially designated
archipelagic lanes (Archipelagic Sea Lanes Passage Regulation);
• Law No. 32 of 2009 on the Protection and Management of the Environment and
Government Protection of the marine environment;
• Law No. 19 of 1999 on the Control of Marine Pollution and/or Degradation;
• Law No. 27 of 2007, as amended by Law No. 1 of 2014 on the management of
coastal areas and small islands (“Coastal Law”); and
• Law No. 21 of 2010 on the Protection of the Maritime Environment implements
the CLC and its Protocol of 1992.

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Some of the significant instruments that govern the maritime safety of ferries engaged in
domestic voyages are presented in Table 5.2.

Table 5.2. Non-exhaustive list of national ferry safety legislation in Indonesia.

• Act No. 17 of 2008 related to shipping;

• Government Regulation No. 7 of 2000 related to seafarers;
• Government Regulations No. 51 of 2001 corresponding to shipping;
• Government Regulations No. 21 of 2010 about marine environmental protection;
• Ministerial Decree No. 65 of 2009 associated with Non-Convention Vessel
Standards (NCVS) for Indonesian flagged vessels;
• Ministerial Decree No. 45 of 2012 related to Ship Safety Management;
• Ministerial Decree No. 7 of 2013 related to the obligation for Indonesian flagged
vessels to work with the Indonesian Classification Bureau, as amended by
Ministerial Decree No. 61 of 2014;
• Ministerial Decree No. 70 of 2013 related to education, training, certification, and
watchkeeping of Seafarers, as amended by Ministerial Decree 140 of 2016;
• Ministerial Decree No. 20 of 2015 about shipping safety standards;
• Ministerial Decree No. 39 of 2016 related to loading line and stowage;
• Ministerial Decree No. 30 of 2016 related to the obligation for lashing of vehicles
in ferries;
• Director General of Sea Transportation Decree UM.008/9/20/DJPL-12 related to
technical Instructions regarding NCVS;
• Director General of Sea Transportation Decree HK.103/2/19/DJPL-16 related to
ship’s seaworthiness;
• Director General of Sea Transportation Decree HK.103/1/3/DJPL-17 related to
docking procedures for Indonesian flagged vessels; and
• Director General of Sea Transportation Decree HK. 103/2/9/DJPL-17 related to
instructions for traditional passenger vessels.

In particular, the main regulation to cover the technical arrangements for the design, equipment,
maintenance, and operation of passenger ships not engaged in international voyages is the Non-
Convention Vessel Standards (NCVS) promulgated by DGST in 2009. NCVS, comprising nine
chapters, sets comprehensive requirements for construction, equipment, life-saving appliances,
machinery and electricity, load lines, tonnage measurements, manning, and operational
management.

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The standard applies to all vessels on domestic voyages, vessels of less than 500 GT on
international voyages, vessels with non-mechanical propulsion, wooden vessels with engines or
under sail with auxiliary engines, fishing vessels, pleasure craft, vessels with novel design and
State vessels used for commercial purposes. Cruise liners covered by international conventions
are excluded. Ships built to the standards of other flag states and imported for operation in
Indonesian waters are, in principle, required to meet the standard. However, exemptions may be
granted as determined by DGST.

The regulations categorize vessels based on their use as passenger vessels (Category 1), non-
passenger vessels (Category 2), and fishing vessels (Category 3). The regulation also classifies
voyages within 15 nautical miles as near coastal voyages in sheltered waters (smooth waters –
category E; partially smooth waters – category D). Operations within 30 nautical miles of a safe
haven are classified as Restricted Offshore Operations (category C). In comparison, operations
within a limit of 200 nautical miles from the coast are termed Offshore operations (category B)
and those beyond Unlimited operations (category A). This categorization from A to E includes
both design and environmental parameters in order of severity as applied to operational matters,
weather and sea characteristics, survival and rescue infrastructure, assumed gusting wind
pressure, Beaufort Scale, design significant wave height, and so on.

Figure 5.7 provides an overview of the structure of law applicable to domestic ferries, including
traditional ships in Indonesia.

Figure 5.7. Structure of law relating to domestic shipping in Indonesia (Muhana, 2017)79

79
Muhammad Faiq Farras Muhana. 2017. The Importance of Indonesia People’s Shipping (Pelayaran Rakyat)
in Terms of Value Added, Employment, and Competitive Position. MSc thesis. Erasmus University Rotterdam.

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Institutional Framework
Twenty-one State bodies administer, apply and enforce maritime law in Indonesia: eighteen
executive agencies, two judicial bodies namely, the Supreme Court and Constitutional Court, and
a quasi-judicial body, the Court of Shipping Affairs80, 81.

The Ministry of Maritime Affairs (MMAF) is primarily responsible for regulating sea-related
matters and administering and monitoring the implementation of maritime laws. In addition to
the MMAF, the Ministry of Energy and Mineral Resources and the Ministry of Tourism are
responsible for adopting maritime regulations and overseeing their implementation. The
Coordinating Ministry for Maritime Affairs coordinates the efforts of these three ministries, the
Ministry of Transportation and any other institutions deemed necessary.

The Ministry of Transportation (Kementerian Perhubungan), and in particular its Directorate

General of Sea Transportation (DGST), is the main administrator for shipping matters. According
to the Ministerial Regulation of Transport (Peraturan Menteri Perhubungan), No. 189 of 2015,
Art. 336, the DGST is charged with the responsibilities of formulating and implementing policy;
establishing norms, standards, procedures, and criteria; providing technical guidance; and
supervision, evaluation and reporting in the field of seaworthiness besides maritime safety and
marine environment protection. Each matter is handled by a separate Directorate as follows:
• Secretariat of Directorate General;
• Directorate of Sea Traffic;
• Directorate of Seaport and Dredging;
• Directorate of Maritime Safety and Seafarers;
• Directorate of Marine Navigation;
• Directorate of Sea and Coast Guard; and
• Technical Executive Unit (Unit Pelaksana Teknis).

80
Laksmana, E. A. (2022). Remodelling Indonesia’s Maritime Law Enforcement Architecture. Contemporary
Southeast Asia, 44(1), 122-149.
81
Ikrami. H. & Bernard. L. (2018). Indonesia’s Maritime Governance: Law, Institutions and Cooperation. Korean
journal of international and comparative law, 6 (2018) 134–171.

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DGST is also the point of contact in Indonesia for the International Maritime Organization (IMO).

Domestic ferries are considered an integral part of Indonesia's infrastructure and are frequently
referred to as an extension of the country's road network. As a consequence, the Directorate
General of Land Transportation (DGLT) under the Ministry of Transportation is also involved, in
particular, in regulating inland waterways and ferry services. The DGLT is made up of the
following five directorates:
• Directorate of Land and Multimodal Transport;
• Directorate of Land Transportation Infrastructure;
• Directorate of Land Transportation Means;
• Directorate of Land Transportation Traffic; and
• Directorate of Road Safety.

The mission of DGLT covers four aspects – regulation, safety and security, infrastructure and
facilities, and human resources. The DGLT, through the Directorate of Land and Multimodal
transport, is responsible for managing and supervising all ports in Indonesia and inland
waterways and ferry services. The administration is carried out by a Manager of Land
Transportation, one for each of the 25 areas of the archipelago.

Several executive organs are responsible for enforcing maritime law. The State Police, particularly
its Marine Division, is responsible for law enforcement in all Indonesian waters. On the other
hand, the Navy is responsible for defence and law enforcement on all “waters under national
jurisdiction in accordance with national and international laws,” resulting in the Navy being also
tasked with protecting the Indonesian Exclusive Economic Zone.

Among other agencies involved in enforcing shipping law is the Indonesian Maritime Security
Agency (Badan Keamanan Laut Republik Indonesia, or BAKAMLA). Established under Law
Number 32/2014, it is responsible for ensuring security, safety, and law enforcement at sea. The
task of the security agency is to conduct security and safety patrols in the territorial waters of
Indonesia and the jurisdiction of Indonesia. According to Article 63 of Law No. 32/2014, BAKAMLA
has authority as follows:

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 • to conduct an immediate pursuit;
• to dismiss, examine, arrest, carry, and deliver vessels to relevant authorities for further
legal process execution; and
• to synergize the information system of security and safety in the territorial waters of
Indonesia and the jurisdiction of Indonesia.

Table 5.8 provides information about the most relevant authorities in Indonesia and their
involvement in regulating domestic ferry transport.

Figure 5.8. Authorities involved in domestic ferry transport regulation in Indonesia 82

Mission Responsible Authority

Authority in charge of domestic ferry safety Directorate of Marine Safety and Seafarers under the Directorate
regulations (construction, equipment, General of Sea Transportation (DGST).
crewing, and qualification)
Authority in charge of aids to navigation, The Directorate of Maritime Navigation is under the Directorate
navigation/traffic management, radio General of Sea Transportation (DGST).
communication
Authority in charge of accident a) Directorate of Sea and Coastguard, under the Directorate
investigations General of Sea Transportation (DGST); and
b) National Safety Transportation Committee (NTSC-KNKT), under
the Ministry of Transportation.
Authority in charge of monitoring and Directorate of Marine Safety and Seafarers, under the Directorate
overseeing the recognized organizations General of Sea Transportation (DGST).
Authority in charge of emergency response National Search and Rescue Agency (BASARNAS).
Authority in charge of licensing of ferry Licensing for operations for Passenger / Ro-Ro (Vehicles/rail) Ship:
services. Directorates of Land and Multimodal Transport, under the
Directorate General of Land Transportation (DGLT).
Licensing for operations for Passenger Ship:
Directorate of Marine Safety and Seafarers, under the Directorate
General of Sea Transportation (DGST).
Authority in charge of supervision of For terminal of Passenger/Ro-ro (Vehicles/rail) ship is under Port
ports/terminals for domestic ferry services Authority for Inland Waterways (OPP) of DGLT.
For Passenger Ship, the authority is Harbour master (Syahbandar)
of DGST.

82
World Maritime University. (2018). Domestic Ferry Safety in Indonesia: HAZID/Scoping exercise to identify
safety issues pertaining to passenger ships in Indonesia not engaged in international voyages.

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Regarding judicial matters, the Supreme Court and the lower courts, as well as the Constitutional
Court, are responsible for the application and interpretation of maritime law in Indonesia.

Additionally, the Court of Shipping Affairs (Mahkamah Pelayaran)83 is created under the Shipping
Law. It is not, in fact, a Court of law. It is part of the executive branch and reports to the Ministry
of Transportation. The Mahkamah Pelayaran is responsible for investigating maritime incidents
and enforcing the code of ethics for seafarers. It has jurisdiction over incidents such as ship
collisions, shipwrecks, and fires onboard. Its decisions are advisory and administrative, and many
of its functions resemble those of a fact-finding or ethics commission.

5.4 Domestic ferry accidents in Indonesia84

Trends in accidents
Sixty accidents involving domestic passenger ships in Indonesia are recorded in the database for
the period 1 January 2011 to 1 January 2021. The slightly decreasing trend in the annual number
of reported fatal accidents over the past decade (Figure 5.9) should be weighed against the fact
that Indonesia recorded the highest number of accidents among the seven examined countries.
Indonesia has implemented multiple safety initiatives in the last decade as a result of which, it is
understood that the accident reporting culture is improved and ferries carrying passengers
between named terminals (fixed liner services) are operated more safely.

A personal interview conducted with a participant with more than ten years of service on the
National Transportation Safety Committee (Committee Nasional Keselamatan Transportasi,
KNKT) revealed that the definition and governance of “ferry” and “passenger boat/vessel” are
different in Indonesia. A ferry is a vessel dedicated and registered to a defined and specific ferry
route, and regulated by the DGLT. On the other hand, small traditional crafts/boats/vessels called
“Penyeberangan” function as a “water bridge” between islands carrying only passengers, and are
regulated by the DGST. For non-convention vessels, national regulations are in place (mentioned

83
Shipping Law, supra note 18, art. 250.
84
This section of the report is based on statistics drawn from the Arcsilea database.

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as mini-SOLAS during the interview); however, it was emphasized that this is very challenging to
both implement and enforce.

12
10
10
Number of accidents

8 8 8
8 7 7

6 5

4 3 3

2 1

0
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Years

Figure 5.9. Trend of accidents in Indonesia 2011-2021 (Source: Arcsilea)

According to the interview, for ferries under DGLT, accident numbers and severity of
consequences show an improving trend. However, since their operating tempo is very high
(precisely; 15 minutes for coming-alongside manoeuvre, 15 minutes for unloading (cars and
passengers), 15 minutes for loading, and 15 minutes for departure), it is extremely challenging to
apply all safety requirements (i.e. passenger count, weight check of cars). On the other hand, for
traditional wooden crafts/boats/vessels, safety issues are still critical. The accident numbers are
not decreasing as desired and there is room for improvement. However, the interviewee clearly
stated that, at every government level, there is a genuine wish to apply safety interventions that
can reduce the number of accidents and improve maritime transport safety.

Causal factors of accidents

In the last decade, 1,516 people lost their lives in 60 accidents, indicating an annual fatality
average of more than 150. Furthermore, the study revealed that capsizing/sinking and fire,
representing 85% of total accidents are the two most frequent casualties (Figure 5.10). The
causes of domestic passenger shipping accidents in Indonesia which are frequently listed in the
documentation include; overcrowding, overloading, heavy weather and sea conditions, fire in
cargo spaces and passenger cabins, use of the vessel in unseaworthy conditions, electrical

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equipment failure, engine failure, poor lookout, unattended floating/submerged objects,
inadequate dredging, loss of stability (imbalance, capsizing)85,86,87.

3%
15%

5%

7%

70%

Allision/Sinking Capsize/Sinking Collision/Sinking Grounding/Sinking Fire

Figure 5.10. Percentage distribution of accidents in Indonesia: 2011-2021 (Source: Arcsilea)

Geographic distribution of waterways accidents

Indonesia is an archipelagic country with 17,500 islands; therefore, transportation plays a
significant role in connecting people and moving goods between islands88. 54% of accidents in
the database occurred on routes in the Java, Sulawesi, and Kalimantan Island sea areas, where
there is relatively higher domestic transport traffic compared with other areas. An overview of
the accident-prone routes with their geographic distribution is presented in Table 5.3.

85
Mutmainnah, W., Bowo, L. P., Nurwahyudy, A., Prasetyo, F. A., & Furusho, M. (2020, August). Causative factor
analysis of passenger ship accident (Fire/Explosion) in Indonesia. In IOP Conference Series: Earth and
Environmental Science, Vol. 557, No. 1, p.012037.
86
Gelling, P. (2009). Indonesia: 250 Feared Dead in Aftermath of Ferry Accident. The New York Times,
158(54554), A9-L. https://www.nytimes.com/2009/01/13/world/asia/13briefs-250FEAREDDEA_BRF.html
87
Bowo, L. P., Furusho, M., and Kurniawan, M. A. (2019). A Causal Study of Indonesian Sinar Bangun Ferry
Accident by HEART Methodology. Navigation, 207, 34-35.
88
Heryandri, K. (2018). The Importance of Ferry Ro-Ro Transportation in Indonesia and Its Contrary to The Lack
of Attention on Ferry Ro-Ro Safety, Which Cause High Rate of Accidents and Fatalities. Advances in
Transportation and Logistics Research, 1, 641-651.

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 Table 5.3. Geographic distribution of waterways accidents in Indonesia by routes: 2011-2021
Location Accident prone area
East Java Routes to Sumenep
Surabaya River Routes
Off Masalembu
Lamong Bay
Java Island
Tanjung Perak Port
Bengawan Solo River
Surabaya to Balikpapan
Cimanuk River Routes
Molucca Routes (Tibelo-Bitung)
Off Bangggai Laut
Bajoe-Kolaka
Sulawesi Island
Makassar-Barrang Lompo
Bira-Pamatata
Kendari-Salabangka
Routes to/from Central Kalimantan
Bontang-Sulawesi
Kalimantan Island Tarakan-Tanjung Selor
Tanjung Dewa Routes
Buntut Gurung River (West Kalimantan)
Lake Sentani Routes
Papua Province Biak-Numfor
Mamberamo River Routes
Lake Toba Routes
Sumatra Island
Musi River Routes
Malacca Strait
Bali Strait
Sunda Strait
Java and South Kalimantan Island Routes
Routes to/from Thousand Islands
Other locations
Gunungsitoli-Sibolga
Alas Strait
Routes to/from Riau Islands
Ambon-Namrole
Lombok-Komodo Routes

When examined in terms of frequency, Malacca, Sunda, Bali, and Alas Straits are more accident-
prone, accounting for 17% of the accidents found in the database. This is attributable to the high
density of domestic and international traffic in these important waterways. The percentage
distribution of accidents in Indonesian waters is presented in Figure 5.11.

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 2% 2%
2% 2% 2%
2% 2%
2%
2% 22%

3%
3%

5%

5% 17%

5%

5%
5% 15%

Java Island Sulawesi Island Kalimantan Island

Papua Province Malacca Strait Bali Strait
Sumatra Island Sunda Strait Java and South Kalimantan Island
Bankga-Belitung and Belitung Island Thousand Islands Tanjung Margeta
Riau Islands Nusa Lamonbang Island Maluku Islands
Lombok and Komodo Island Kei Besar Island Bintanak Island
Alas Strait

Figure 5.11. Geographic distribution of accidents in Indonesia by frequency: 2011-2021 (Source: Arcsilea)

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6 NIGERIA
6.1 General information and characteristics of Nigeria
Geography
Nigeria, officially the Federal Republic of Nigeria, is located on Africa’s western coast, along the
Gulf of Guinea, just north of the equator and covers an area of 923,768 square kilometres89. It
shares land borders with Benin, Niger, Chad, and Cameroon and maritime boundaries with Benin
and Cameroon (Figure 6.1).

Hinterland, the Niger and Benue Rivers constitute the country’s major geographical features. The
two rivers meet in the middle of Nigeria, creating a "Y" that divides the country into three broad
areas. After flowing 4,000 km from the Guinean Highlands through West Africa, the Niger reaches
the Gulf of Guinea in Nigeria, forming a sizeable coastal delta with mangrove and swamp forests.
The Niger Delta is a hotspot for plant and animal species. It also holds Africa's second most
significant oil and natural gas reserves, which drive Nigeria's economy, the largest in Africa by
nominal GDP of 440,776,971 USD in 202190.

Figure 6.1. Map of Nigeria (Source: World Atlas, 2022)

89
Nigeria High Commission. (2022). Key Data. https://www.nigeriahc.org.uk/about-nigeria
90
The World Bank. (2021). GDP (US$)–Nigeria 2021
https://data.worldbank.org/indicator/NY.GDP.MKTP.CD?locations=NG

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Demographics
Nigeria is the most populous nation in West Africa and currently ranks seventh in the world in
population, with over 217 million91. Nigeria’s urban nature is unique in Africa, with 11 cities with
over 1 million residents and over 70 with over 100,00092.

English coexists alongside the hundreds of languages spoken in the country including, Yoruba,
Igbo, Fula, Hausa, Edo, Ibibio, and Tiv93. English is the ordinary and official language for
administration and education.

Political
In addition to demographic, Nigeria is the key political and economic country on the African
continent.

It has been over sixty years since Nigeria attained the status of a sovereign nation. However, in
terms of political stability, the county has had a long history of coups d’états, military rule, and
dictatorship94.

Thirty-six states make up the Federal Republic. The national capital is Abuja, in the Federal Capital
Territory, created by a decree in 1976. Abuja is located in the centre of the country. Lagos,
situated in the coastal belt, is the former capital and retains its standing as the country’s leading
commercial and industrial city95.

91
Worldometers. (2022). Nigeria Population (Live). https://www.worldometers.info/world-
population/nigeria-population/
92
Atlas Editorial and Production Team. (2022). West Africa: Land Use and Land Cover Dynamics, The Republic
of Nigeria. https://eros.usgs.gov/westafrica/country/republic-nigeria
93
Britannica. (2022). Languages of Nigeria. https://www.britannica.com/place/Nigeria/Languages
94
Etebom, J. M. (2021). The Long Years of Military Rule in Nigeria: A Blessing or a Curse. Journal of Public
Administration and Governance. 11(2), 71-86.
https://www.macrothink.org/journal/index.php/jpag/article/view/18355/pdf
95
Britannica. (2022). Nigeria, introduction and quick facts. https://www.britannica.com/place/Nigeria

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Nigeria has two legislative bodies. The President acts as both, the Head of State and Head of
Government. Under the current constitution, presidential elections are to be held every four
years, with no president serving more than two terms in office.

Three tiers comprise the government structure in Nigeria – the Executive, Legislature, and
Judiciary96.

At the national level, the Executive consists of the Presidency and the Federal Executive Council.
The Legislature includes the Senate and House of Representatives with legislators elected to four-
year terms. The judicial branch is presided over by the Chief Justice of Nigeria in the Supreme
Court of Nigeria97.

At the state level, replicating the three levels, the Executive comprises the Governor, the Deputy
Governor, and the State Executive Council while the Legislature consists of the State House of
Assembly, and the Judiciary includes several Courts of Justice.

Economy
Nigeria is a key economic player in Africa and has significant economic potential. The country has
a developing mixed economy mainly based on petroleum production and agriculture while
manufacturing is also growing in importance. Nigeria is Africa's largest oil producer and among
the top ten producers worldwide. The country is characterized by a dynamic economy and a high
economic growth of about 6-7% a year98. As a result, Nigeria is considered a future economic
power that has the potential to be among the world’s ten largest economies. However, most
Nigerian appear to have somewhat low income, with more than 40% of the population living
below the UN poverty line99.

96
Federal Republic of Nigeria. (2022). Government. https://nigeria.gov.ng/
97
Legit. (2022). The three arms of government in Nigeria and their functions. https://www.legit.ng/1148362-
the-arms-government-nigeria-functions.html
98
Ministry of Foreign Affairs of Denmark. (2022). Denmark in Nigeria, About Nigeria.
https://nigeria.um.dk/en/
99
The World Bank. (2022). Deep Structural Reforms Guided by Evidence Are Urgently Needed to Lift Millions
of Nigerians Out of Poverty, says New World Bank Report. https://www.worldbank.org/en/news/press-

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6.2 Maritime profile of Nigeria
Shipping
The shipping industry is one of the most promising industries for growth in Nigeria100. With a
coastline of more than 850 kilometres, a maritime area of 46,000 square kilometres, a vast inland
waterways resource estimated at nearly 4,000 kilometres, and more than 70% of Nigerian trade
by value being transported by water, the significance of the blue economy and maritime
transport for trade and development in Nigeria cannot be overstated. Furthermore, Nigeria’s
total annual freight cost, estimated at between USD 5 billion and USD 6 billion annually, places
shipping at the heart of Nigeria’s economic growth. Maritime trade has played a vital role in
Nigeria’s economic development. Although the GDP share of water transport is only 1.6%, it holds
significant importance, accounting for about 95% of Nigeria’s international trade101. Figure 6.2
presents select statistics about the maritime profile of Nigeria.

Coast/area ratio Ship building Ship recycling

3.4 m/km2 … 724 GT

Fleet-National flag Fleet-National flag Fleet-Ownership

4,930 thousand DWT 811 ships 6,674 thousand DWT

Container port throughput Number of seafarers Number of port of calls

1,528,520 TEU 25,610 4,102

Figure 6.2. Maritime profile of Nigeria (UNCTAD, 2021)

release/2022/03/21/afw-deep-structural-reforms-guided-by-evidence-are-urgently-needed-to-lift-millions-
of-nigerians-out-of-poverty
100
Nze, I. C., & Okeudo, G. N. (2013). Empirical evaluation of the maritime industry’s impact on the Nigerian
economy. International Journal of Current Research, 5(6), 1355-1359.
https://www.journalcra.com/sites/default/files/issue-pdf/Download%203301.pdf
101
Atoyebi, O. M. (2022). A Comprehensive Analysis of The Challenges and Prospects in The Nigerian
Maritime/Shipping Industry. https://omaplex.com.ng/the-nigerian-maritime-shipping-industry-its-challenges-
and-prospects-and-implications-for-foreign-investment/

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Inland water transportation
With 10,000 kilometres of navigable inland waterways and 850 kilometres of coastline, Nigeria
has great potential for the transportation of passengers and goods over inland waterways. The
inland waterways are dominated by the Niger and Benue rivers, which split the country into the
East, West, and Northern regions, and then converge and run into the Atlantic Ocean.

According to statistics from the National Inland Waterways Authority (NIWA)102, the Niger and
Benue rivers together make 28 of the 36 states of the Federation and five neighbouring countries
on the continent (i.e., Benin Republic, Equatorial Guinea, Cameroon, Chad, and Niger) reachable
by inland waterways through water transport.

Inland Water Transportation (IWT) is vital and critical for all facets of development in these
regions, including agricultural productivity performance, since the areas adjacent to the
navigable rivers represent the most important agricultural and mining regions in the country.
Thus, for instance, agricultural products from the central belt regions can be carried through the
waterways to the deltaic regions, and vice versa. The cargo movement over waterways also
facilitates the import and export of raw materials and mining products.

IWT plays a significant role in rural development and brings benefits to the community, especially
in Lagos, Rivers, Bayelsa, and Akwa Ibom. Its usage to carry goods and services boosts the
economic growth and rural development of coastal cities, especially when it is the only available
option.

As stated by a NIWA official, “IWT forms an integral part of the region’s social fabric. It plays a
pivotal role in assisting the people, especially the poor, in gaining access to social services and

102
The National Inland Waterways Authority (NIWA) was set up in 1956 by Decree No. 13 of 1997. As a
Federal government statutory body, with head office at Lokoja and thirteen area offices across the country,
the mission and objectives among others include; to provide regulation, economical and operational
leadership in the nations inland waterways system ; develop infrastructural facilities for efficient
international transportation system in line with global best practice; improve and develop the inland
waterways for navigation; provide alternative mode of transportation for evacuation of economic goods and
persons ; and execute the objective of Transport especially as it concerns inland waterways.

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employment opportunities and benefiting from the nation’s economic agenda.” Indeed, IWT
helps all sectors in Nigeria, including mining, fishing, basic materials manufacturing, forest
products processing, rural development, etc., notably in the coastal states. NIWA estimates that
IWT directly employs approximately 125,000 people in total in all of the Nigeria’s deltaic states.

Besides the creeks, the current navigable inland waters in Nigeria include the Niger River, Benue
River, Ogun River, and Anambra River. Figure 6.3 depicts Nigeria’s navigable inland waters (rivers
and creeks). The overall navigable river length has increased from fewer than 8,000 kilometres
in 1970 to more than 10,800 kilometres, mainly due to dredging on the lower Niger River and
channelizing of the Ogun, Anambra, and Benue Rivers103. While in the 1980s, the Niger River was
navigable only until Jebba, improvements at Kainji have now made it possible for lighter vessels
to cruise in the rivers.

Figure 6.3. Inland river ports in Nigeria (NIWA, 2012; Chukwuma, 2014)

103
Chukwuma, O. M. (2014). The characteristics of inland water transport in Nigeria. IOSR Journal of
Humanities. 19(3), 119-126. https://www.iosrjournals.org/iosr-jhss/papers/Vol19-issue3/Version-
4/V01934119126.pdf

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Passenger transportation in inland waters
Inland water transport in Nigeria contributes to the mobility of a considerable number of
passengers between the different States reachable through waterways. Lagos area, in particular,
is host to major passenger domestic ferry routes and services. Lagoons and rivers comprise
seventeen percent of Lagos State, thus, making it well-suited for water transport. The central
water bodies of Lagos State are the Lagos Lagoon, Ologe Lagoon, Porto-Novo Creek, Badagry
Creeks, and the Atlantic Ocean. As stated by the General Manager of LASWA, “IWT is an integral
part of Lagos’ inter-modal transport system, having the least influence on the environment, the
lowest cost for city travel, massive capacity reserves, and the least energy use.”

A study conducted in 2020104 reported that almost 3,000 passengers are transported by water
per day along the route axis of Lagos State from Ikorodu to Ebutte-Ero. The study revealed that
Lagos State operates twelve ferry routes under the supervision of the Lagos State Water
Authority (LASWA)105. The routes in the Snake Island-Badagry Creek area and a cross-section of
the ferry routes in the Lagos area are presented in Figures 6.4 and 6.5 respectively, and Table 6.1
lists all the ferry routes in Lagos supervised by LASWA.

Figure 6.4. Example of ferry routes in Snake Island-Badagry Creek area (copyright authors)

104
Abdulkadir, U. B., & Halimat, A. K. (2020). Inland Water Transport and Urban Mobility in Ikorodu-Ebutte
Ero Route, Lagos, Nigeria. Geosfera Indonesia, 5(1), 127-146.
105
The Lagos Waterways Authority (LASWA) was enacted by The Lagos State Government (LASG) in 2008 under
Lagos State Waterways Authority Act. LASWA is charged with the responsibility of coordinating and managing
the reforms necessary for the long-term growth and development of water transportation in Lagos State,
including the granting of ferry licenses and concessions for the operation of terminals to the private sector.
The fundamental responsibility of LASWA is to manage, improve and enhance navigation opportunities for
Lagos State inland waterways.

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 Figure 6.5. Example of domestic ferry routes in the Lagos lagoon area (copyright authors)

Table 6.1. Ferry routes in Lagos under the supervision of LASWA

1. Ikorodu-Marina/CMS
2. Marina-Mile 2
3. Ikorodu-Addax/Falomo
4. Ikorodu-EbuteEro
5. Marina-IjegunEgba-EbuteOjo
6. Mile 2-Marina/CMS-Mekwen-Falomo
7. Badore Ijede
8. Badore-Five Cowries
9. Marina-Oworonshonki
10. EbuteOjo-IjegunEgba
11. Oworonshonki-Five Cowries
12. Baiyeku-Langbasa
13. Lagos-Onitsha
14. Lagos-Badagry

Consultation with relevant participants in the interviews revealed that apart from the few regular
ferry services operating between Lagos Island and the mainland, fiberglass motorized boats and
canoes are widely used to transport passengers on the lagoon areas and some of the creeks.
Participants emphasized that speed is the main reason for the passengers’ preference for
fiberglass motorized vessels. In contrast, ferries are desired by other passengers due to their
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safety and better comfort when compared to the other available vessels. Furthermore, it was
discerned from interviews that the users of the domestic ferry transport system in Lagos are
primarily workers; because Lagos is regarded as the city with the highest road traffic congestion
in Nigeria, and travelling by water for at least part of the trip allows the users, particularly
workers, to avoid traffic congestion and reduce time as well as the cost of daily travel.

6.3 Maritime regulatory framework in Nigeria

General overview of maritime regulators and regulations
The key players in the governance of the maritime industry in Nigeria are the Nigerian Ports
Authority (NPA), National Inland Waterways Authority (NIWA), Nigerian Shippers Council (NSC),
Nigerian Maritime Administration and Safety Agency (NIMASA), and Council for the Regulation
of Freight Forwarding in Nigeria (COREFFN). In addition, to assisting with implementing IMO and
ILO regulations on maritime safety and environmental protection, these organizations also take
part in the process of developing the regulatory instruments by actively participating in the
activities of the relevant committees and subcommittees of the two United Nations agencies106.

Various regulatory frameworks have been established to govern Nigeria’s maritime activities and
practices. The following are among the applicable laws:
• Admiralty Jurisdiction Act, 1991;
• Nigerian Maritime Administration and Safety Agency (NIMASA) Act, 2007;107
• Coastal and Inland Shipping (Cabotage) Act, 2003;108
• Nigerian Ports Authority (NPA) Act; 109

106
Igwe, I. S., Inyangsam, A. U., & Ajoko, T. J. (2019). Role of the Shipping Industry in the Maritime Regulatory
Process: Case for Nigeria. International Journal of Engineering Science, 20061.
107
Nigerian Maritime Administration and Safety Agency (NIMASA) Act 2007 established NIMASA and charged
it with the responsibility to promote the development of shipping and regulating issues affecting Merchant
ships and Seafarers in Nigeria.
108
The objective of the Cabotage Act is to reserve the commercial transportation of goods and services
within Nigerian coastal and inland waters to vessels flying the Nigerian flag and owned by Nigerian citizens.
109
Nigerian Ports Authority (NPA) Act empowers the NPA to maintain, improve and regulate the use of the
ports; ensure the efficient management of port operations; provide and operate ports facilities; form and
establish or incorporate subsidiaries or affiliate companies for purpose of carrying out any of its functions.

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 • Merchant Shipping Act, 2007; 110 and
• Finance Act, 2021. 111

Along with the said acts, there is a raft of published regulations and guidelines which are used to
implement international instruments under the foregoing legislation.

As regards the international conventions, Nigeria has ratified forty conventions adopted at the
International Maritime Organisation (IMO) and International Labour Organisation (ILO) of which
nineteen have been domesticated in its jurisdiction either by adoption, regulations, or
incorporation under the Merchant Shipping Act, 2007.

In addition, areas such as ports, maritime cargo transport, shipwrecks and salvage, pollution, the
environment, and marine resources are also governed by specific legislation as follows:
• Nigeria Ports Authority Act, 2004;112
• Carriage of Goods by Sea Act of Nigeria, 2004;113, 114 and
• United Nations Convention on Carriage of Goods by Sea (Ratification and Enforcement)
Act, 2005115.

The Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Admiralty Jurisdiction
Act and the Admiralty Jurisdiction Procedure Rules, 2011 provide the framework for admiralty
jurisdiction and court practice.

110
Merchant Shipping Act, 2007 provides for Merchant shipping in Nigeria and allows only registered Nigerian
ships to operate commercially to the exclusion of others, except for statutory exempted cases.
111
The Finance Act regulates taxation of companies, including companies involved in the maritime business.
112
Nigerian Ports Authority Act. (2004). http://www.placng.org/lawsofnigeria/laws/N126.pdf
113
Lexology. (2018). Carriage of goods by sea in Nigeria. https://www.lexology.com/library/
114
Anike, N. B., Odoh, J. C., & Nwoke, U. (2020). Concurrent application of the Hague and Hamburg rules:
ascertaining the applicable law to contracts for the carriage of goods by sea in Nigeria. Commonwealth Law
Bulletin, 46(2), 195-214.
115
United Nations Convention on Carriage of Goods by Sea (Ratification and Enforcement) Act. (2005).
http://placng.org/lawsofnigeria/laws/

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A non-exhaustive list of maritime regulations116 in Nigeria is presented in Table 6.2.

Table 6.2. Non-exhaustive list of maritime regulations in Nigeria 117

Date of original
Legislation Last revised
text
Merchant Shipping Act, 2007 28 May 2007 18 February 2013
Nigerian Maritime Administration and Safety Agency Act 25 May 2007 21 February 2013
Ports (Related Offences, etc.) Act, 1996 19 April 1996 1 January 2003
Maritime Operations Co-ordinating Board Act 24 November 1992 18 February 2013
Coastal and Inland Shipping (Cabotage) Act,2003
30 April 2003 April 2007
(No. 5 of 2003)
Admiralty Jurisdiction Act, 1991
30 December 1991 -
(No. 59 of 1991)
Nigerian Ports Authority Act, 1999
10 May 1999 21 February 2013
(No. 38 of 1999)
National Inland Waterways Authority Act, 1997
12 August 1997 21 February 2013
(No. 13 of 1997)
Exclusive Economic Zone Act (Cap. T.5) 02 October 1978 14 February 2013
Lagos State Waterways Authority Law 21 July 2008 -
Lagos Port Operations (Special Provisions) Act 23 January 1971 18 February 2013
Flags of Nigerian Ships Act 14 May 1968 14 February 2013
Territorial Waters Act 08 April 1967 28 February 2013
Marine Insurance Act 01 April 1961 18 February 2013
Oil in Navigable Waters Act 22 April 1968 28 February 2013
Oil in Navigable Waters Regulations 22 April 1968 25 February 2013
National Oil Spill Detection and Response Agency Act, 2006
18 October 2006 -
(No. 15 of 2006)
Ports (Carbide of Calcium) Regulations 14 February 1963 21 February 2013
Nigerian Ports Authority Docks and Premises Bye-laws 22 December 1955 21 February 2013

116
Policy and Legal Advocacy Center (PLAC). (2022). The Complete 2004 Laws of Nigeria. A Searchable
Compendium. https://placng.org/lawsofnigeria/.
117
FAOLEX Database. (2022). Nigeria-Sea-See more. https://www.fao.org/faolex/country-profiles/general-
profile/see-more/en/

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 Nigerian Ports Authority (Port) Regulations 1955 21 February 2013
Crude Oil (Transportation and Shipment) Regulations
03 December 1984 -
(S.I. 44 of 1984)
International Convention for the Prevention of Pollution
from Ships 1973 and the 1978 Protocol (Ratification and 01 April 2007 -
Enforcement) Act, 2007 (No. 54 of 2007)
Territorial Waters (Amendment) Decree 1998 01 January 1998 -
Territorial Waters (Amendment) Decree 1971
26 August 1971 -
(Decree No. 38)

Initiatives are currently underway to revolutionize the Nigerian maritime industry and bring
about significant reform. Consequently, several bills are under active consideration of the House
of Representatives of the National Assembly (lower legislative chambers of Nigeria), as
enumerated in Table 6.3. These Bills are expected to bring significant changes to the maritime
industry in Nigeria. Thus, the legislative chambers have carefully considered these Bills and look
forward to enacting them into law.

Table 6.3. Bills under active consideration of the House of Representatives of the National Assembly of Nigeria

● the Merchant Shipping Act (Repeal and Re-enactment) Bill, 2021;

● the Coastal and Inland Shipping (Cabotage) Act Amendment Bill, 2020;

● the Nigerian Maritime Administration and Safety Agency Bill, 2022; and

● the Maritime Development Bank Bill, 2019.

Governance of inland water transport

The Government of Nigeria maintains superintendence and regulates inland water transport
through the ministry of transport. The ministry maintains the waterways and is responsible for
regular dredging, wreck removal, and clearing of channels. It also constructs and maintains ports,
jetties, and embarkation, and disembarkation points. The federal ministry of transport conducts

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its duties through NIWA118 and NIMASA119, whereas in the state of Lagos, inland water transport
is administered concurrently by LASWA120. A brief description of each agency ensues.

National Inland Waterways Authority

NIWA was formerly the Inland Waterways Department, the oldest operational department in the
Ministry of Transport from 1956 to late 1997121. However, in 1997, it was elevated to a full
Authority by the National Inland Waterways Decree of 1997 and commenced operations fully in
1998. NIWA is a statutory body within the Federal Ministry of Transport of Nigeria.

Figure 6.6. NIWA commits to ending accidents on Lagos waterways

(Source: The Guardian, August 3, 2022)

NIWA has the exclusive authority to oversee, guide, and monitor the whole of the waterways
within the Nigerian territory. Its objectives include planning for safety and security on the
waterways besides implementation of rules and regulations. Specifically, the main objectives
assigned to NIWA by the decree are presented in Table 6.4.

118
The National Inland Waterways Authority (NIWA). Web page: https://niwa.gov.ng/
119
The Nigerian Maritime Administration and Safety Agency (NIMASA). Web page: https://nimasa.gov.ng/
120
The Lagos Waterways Authority (LASWA). Web page: https://lagoswaterways.com/
121
Bello-Olowookere, G. B. (2011). The effects of cabotage regime on indigenous shipping in Nigeria. Master’s
Thesis. World Maritime University, Malmo, Sweden.

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 Table 6.4. Main objectives of NIWA 122

● to encourage and grow private sector venture and involvement in the

running and control of the resources of the National Inland
Waterways Authority;
● to plan for the safety and security guidelines of the National Inland
Waterways;
● to plan a substitute means of carriage for the movement of
commodities and people; and
● to put in practice the National Transport rules as it concerns the
National Inland Waterways in Nigeria.

The services provided by NIWA in fulfilment of its statutory objectives include regulatory,
transport, engineering, marine, and survey services. NIWA has its Headquarters at Lokoja, Kogi
State and a Liaison Office at Maritime House, Abuja. NIWA conducts its administration of IWT
and provision of services through twenty-two area offices strategically located across the
country, led by Area Managers.

Nigeria Maritime Administration and Safety Agency

The Nigerian Maritime Administration and Safety Agency (NIMASA) was formed on 1 August 2006
by the National Maritime Authority and Joint Maritime Labour Industrial Council, the former
parastatals of the Federal Ministry of Transport. It was established under the Nigerian Maritime
Administration and Safety Agency Act, 2007. As per Section 3 of the Act, NIMASA is the apex
regulatory agency responsible for executing the provisions of the Act.

122
NIWA. (2022). Our Objectives. https://niwa.gov.ng/

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 Figure 6.7. The NIMASA Headquarters in Lagos (Source: NIMASA website)

Section 22 of the NIMASA Act specifies a broad range of functions for the Agency as highlighted
in Table 6.5.

Table 6.5. Functions of NIMASA.123

● To administer the registration and licensing of ships;

● To pursue the development of shipping and regulatory matters
relating to merchant shipping and seafarers;
● To regulate and issue the certification of seafarers;
● To establish maritime training and safety standards;
● To control the safety of shipping as regards the construction of ships
and navigation.
● To provide search and rescue services;
● To provide directions and ensure compliance with vessel security
measures;
● To carry out air and coastal surveillance;
● To control and prevent marine pollution; and
● To provide the direction on qualification, certification, employment,
and welfare of maritime.

123
NIMASA. (2022). Corporate Information. https://nimasa.gov.ng/about-us/corporate-information/

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The provisions of the NIMASA Act apply to all ships registered in Nigeria, as well as ships, small
ships, and vessels flying a foreign flag within the exclusive economic zone, territorial and inland
waterways, and ports of the Federal Republic of Nigeria.

In addition to NIMASA Act, NIMASA is also assigned the obligation of regulating the maritime
industry in Nigeria through the Merchant Shipping Act, 2007 and the Coastal and Inland Shipping
(Cabotage) Act, 2003. Accordingly, NIMASA aims to promote the development of indigenous
commercial shipping in the international and coastal waters by fostering maritime safety and
security and protecting the marine environment.

Lagos State Waterways Authority

The Lagos State Waterways Authority (LASWA) was established by the Lagos State Government
in 2008 through the Lagos State Waterways Authority Act. This Act charged LASWA with
coordinating and administering the reforms required for the long-term development of water
transportation in Lagos State, including issuing ferry licenses and concessions for the operation
of terminals. These reforms entail the creation of an enabling, long-term regulatory environment
that encourages substantial private sector participation in the supply of water transport services.
Through LASWA, the Lagos State Government has initiated policy reforms that inspire and enable
investments for the provision of water transport, intending to realize its potential to become an
appealing mode of transportation. LASWA’s primary role is to manage, improve, and expand the
navigability of Lagos State’s inland waterways.

Figure 6.8. A stakeholder meeting of LASWA in progress (Source: LASWA website)

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The specific responsibilities of LASWA within the Lagos State area are enumerated at Table 6.6.
In order to make the state’s waterways safer, one of the most important initiatives that has been
initiated by LASWA and Lagos State Government recently and is still in the process is the Inland
Waterways Safety Code.

Table 6.6. Responsibilities of LASWA 124

● establishing, maintaining, and regulating the operation of vessels, carriers,

pilot boats, ferries, lines, and regular ferry services in Lagos state;
● controlling the use of internal waterways by all users, including private and
common carriers;
● engaging into contracts for the maintenance, exploration,
superintendence, management, and transit of all state and internal
waterways and terminals, platforms, piers, and jetties with any other
person(s), authority, company, or other private operators;
● instigating and collecting water transportation tolls, rates and charges; and
● clearing and maintaining Lagos State Inland waterways free from all
obstructions, derelicts, wrecks, and abandoned properties and installing
route buoys gauges, distance boards, and markings along the inland
waterways of Lagos State.

6.4 Domestic ferry accidents in Nigeria125

Trends in accidents
The trends in number of casualties are considered to be amongst the foremost indicators of the
level of safety, especially from the system perspective. In Nigeria, the study revealed that the
annual number of reported fatal accidents increased from 2011 (1 accident) to 2018 (8 accidents)
(Figure 6.9126). We would, however, like to treat this increasing trend with positive caution and
attribute it to a possible progressively improving reporting culture in respect of unsafe events in

124
LASWA. (2022). About us. https://lagoswaterways.com/about-us
125
This section of the report is based on statistics drawn from the Arcsilea database.
126
The significantly higher than average number of accidents in 2017 and 2018 would merit further
consideration which is beyond the scope of the study.

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the country. This positive improvement in reporting also points to a likelihood of better uptake
of any safety intervention which may be justifiable on the basis of an increasing trend in the
number of accidents among other factors.

9
8 8
8

7
Number of accıdents

4
3 3 3
3
2 2 2
2
1
1
0
0
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Figure 6.9. Trend of accidents in Nigeria: 2011-2021 (Source: Arcsilea)

Causal factors of accidents

Nigeria experienced 32 accidents in the last decade that resulted in 841 fatalities. The study
revealed that capsizing and allision followed by sinking represented 78% of the total accidents
(Figure 6.10). The sinking of the vessel consequent to any collision or allision also highlighted the
extreme vulnerability of the Nigerian vessels to any damage that may be sustained even when
operating in inland waters.

Among the causes of accidents frequently cited in the literature include: night operations (80%
of the accidents are during night movements), inadequate enforcement and compliance with
safety regulations, unqualified and unregistered boat operators, inadequate safety/security

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personnel at the jetties and terminals, inadequate infrastructure, and lack of dredging127, 128. In
addition, a lack of safety and security awareness among passengers was emphasized as an
important factor that causes accidents resulting in more severe consequences129.

3%
10%
3%
23%

6%

55%

Allision/Sinking Capsize/Sinking Collision/Sinking

Hull failure Technical failure Unknown

Figure 6.10. Percentage distribution of accidents in Nigeria: 2011-2021 (Source: Arcsilea)

Geographic distribution of waterways accidents

Several different factors would determine the geographic distribution of accidents, including
traffic density, proximity to passing vessels, weather conditions, type of vessel, navigational
hazards, etc. A critical understanding of the determinants is an essential prerequisite to planning
any measures or safety interventions to make the risk as low as reasonably practicable.

127
Abiodun, S. (2021a). Safety and Security of Ferry Passengers' Lives at Night at Ebute Ero, Marina and
Mekuen, Lagos State. International Journal of Research Publication and Reviews. 2(9), 1188-1193.
128
Hart, E. C., Adebiyi, S. O., & Oyenuga, O. G. (2020). Prioritisation of Ferry Commuters' needs in Lagos
Metropolis: An Analytical Hierarchical Process Approach. Scientific Journal of Silesian University of
Technology. Series Transport. 2020, 107, 53-71.
129
Abiodun, S. (2021b). Safety and economic impacts of operating passenger boats without proper life
jackets and other lifesaving appliances in Lagos. International Journal of Research Publication and Reviews,
2(8), 901-908.

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Lagos, with its highest traffic density in the country, accounted for over 40% of the total
casualties, and together with Niger, Kebbi and Benue (all three in roughly equal proportion)
accounted for about 75% of all the fatal accidents in Nigeria between 2011 and 2021. The
percentage distribution of accidents across Nigeria is presented in Figure 6.11 and an overview
of the geographic distribution is provided in Table 6.7.

3%
3%
3% 3%
3%

3%
3% 42%
4%

10%

10%
13%

Lagos Niger Kebbi Benue Cross Rivers Lokoja

Gbonyin Sokoto Abuloma Ogun Kwara Port Harcourt

Figure 6.11. Percentage distribution of accidents in Nigeria by location: 2011-2021 (Source: Arcsilea)

Table 6.7. Geographic distribution of waterways accidents in Nigeria

(State and respective accident-prone areas)
Lagos Niger Kebbi Benue Other areas
Lagos Lagoon Niger River Niger River Buruku River Eagle Island
Ebuto-Ero waterway Kaduna River River Gongola Agatu River
Badagry waterway Cross Rivers state
Port of Lagos Egbe Dam Lake
River Ojo Sokoto Strait
Ilashe Lagoon Sokoto River
Imude Community Lagoon Tafa River
Festac Town

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7 THE PHILIPPINES
7.1 General information and characteristics of the Philippines
Location and Geography
The Philippines is a Southeast Asian island country in the western Pacific close to the equator. It
is an archipelago consisting of around 7,641 islands and with about 2,000 inhabited islands130
(Figure 7.1).

The archipelago is divided into three major regions: Luzon to the north, named after the largest
and northernmost island; Visayas, the central group of islands that includes the major islands of
Panay, Negros, Cebu, Bohol, Leyte, Samar, and Masbate; and Mindanao to the south, named
after the Philippines’ second-largest island, located at the southern end of the archipelago.
Manila is the capital, while Quezon City is the country’s most-populous city. Both are in Luzon
and part of the National Capital Region (Metro Manila).

The Philippines has 36,289 kilometres131 of coastline and encompasses an area of 300,000 square
kilometres. It is bordered by the South China Sea to the west, the Philippine Sea to the east, and
the Celebes Sea to the southwest. The Philippines shares maritime borders with China, Taiwan,
Japan, Palau, Indonesia, Malaysia, and Vietnam.

Demographics
With a population of 112 million and an annual growth rate of 1.3%, the Philippines is the
thirteenth most populous nation in the world. Quezon City is the most populous with more than
2.7 million, followed by Manila with 1.6 million132.

130
National Mapping and Resource Information Authority (NAMRIA), 2017.
131
World Atlas. (2020). Countries with the Longest Coastline.https://www.worldatlas.com/articles/countries-
with-the-most-coastline.html.
132
Worldometer. (2022). Philippines Population (LIVE). https://www.worldometers.info/world-
population/philippines-population/.

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 Figure 7.1. The Philippines map (Sources: World Atlas, 2022)

Arabs, Japanese, Han Chinese, and Indians are among the population-forming ethnic groups in
the Philippines. Tagalog and Cebuano are the most widely spoken indigenous languages. The two
official languages are Filipino (updated Tagalog) and English, with the latter the predominant
lingua franca in the Philippines for both, business and professions. Other indigenous languages
include Ilokano, Hiligaynon, Waray, various Bikol languages, Kapampangan, Pangasinan,
Maranao, Maguindanao, Kinaraya, Zamboangueño and Tausug. Catholicism and Islam are
dominant religions in the country.

Political
The Philippines is a multi-party presidential republic whereby the President is both the Head of
State and Head of Government, as provided by the 1987 Constitution of the Philippines. The
President also serves as the Commander-in-Chief of all the armed forces of the Philippines. The
President and Vice-President are elected for a six-year term by direct popular vote. The President
is ineligible for re-election, while the Vice-President cannot serve more than two consecutive
terms. The Vice-President assumes the presidency if the President resigns, is impeached, or dies
in harness.

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The politics of the Philippines take place within a three-branch governmental system. The
President holds the executive powers, including, among others, the legal implementation in the
country. The legislature is bicameral. The parliament (Congress) consists of a Senate - upper
house, with 24 seats, whose members are elected by popular vote to serve renewable six-year
terms, and a House of Representatives - lower house, with 304 seats, whose members serve
three-year terms limited to three consecutive terms. The President can veto legislative acts, and
a supermajority of legislators can override him. The judiciary branch is headed by the Supreme
Court of the Philippines, a body with expansive powers of review over actions taken by other
political and administrative bodies.

The Philippine legal system is a blend of civil law (Roman), common law (Anglo-American),
Muslim (Islamic) law, and indigenous law, which makes it unique. The Philippines' legal system
has significant religious influence. For instance, the Code of Muslim Personal Laws (Presidential
Decree No. 1083), and special Courts, the Shari’a Courts, are enacted for Muslims.

The Constitution of 1987 specifies territorial and political subdivisions for the Philippines:
provinces, cities, municipalities, and barangays. The provincial government consists of the
governor, vice-governor, barangay members, and other appointed officials. Constitutionally,
each territorial or political subdivision enjoys local autonomy. Local governments are under the
supervision of the President.

Economy
The Philippines' economy is among the most dynamic in East Asia and the Pacific. The estimated
3.2% increase in GDP in 2021133 was primarily attributable to rising private domestic consumption
and fixed investment. The International Monetary Fund (IMF) anticipates that GDP growth will
accelerate to 6.3% in 2022 and 7.0% in 2023. According to the IMF, the Philippines is the 32nd
largest economy in the world by nominal GDP (USD 402.64 billion) in 2021 and the 12th largest
economy in Asia.

133
World Bank, 2021.

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The agricultural sector contributed 10.1% of the GDP in 2020 and employed 22.8% of the labour
force in 2019134. The Philippines is the second largest coconut producer worldwide. As for mining,
the Philippines is one of the world's mineral-richest nations. Copper, gold, and zinc reserves in
the Philippines are among the largest in the world.

The Philippines is regarded as a newly industrialized nation with an economy transitioning from
the one based on agriculture to one based on services and manufacturing. The industrial sector
contributes 28.3% to the GDP and employs 19.1% of the labour force. One of the Philippines'
primary manufacturing activities is industrial food processing. The major industries are
dominated by the production of cement, glass, chemical products and fertilizers, iron, steel, and
refined petroleum products.

The Philippines’ primary exports are semiconductors and electronic products, transport
equipment, garments, copper products, petroleum products, coconut oil, and fruits.

7.2 Maritime profile of the Philippines

Shipping
The Philippines relies heavily on the maritime industry to achieve inclusive growth and
socioeconomic development. Shipping remains the primary infrastructure connecting the
Philippines archipelago. Additionally, it links the country to global commerce and trade. Figure
7.2 presents the maritime profile of the Philippines, according to UNCTAD Statistics.

Coast/area ratio Ship building Ship recycling

113.7 m/km2 643,456 GT …

Fleet-National flag Fleet-National flag Fleet-Ownership

6,282 thousand DWT 1,855 ships 2,321 thousand DWT

Container port throughput Number of seafarers Number of port of calls

7,505,487 TEU 252,393 46,338

Figure 7.2. Maritime profile of the Philippines (UNCTAD, 2021)

134
World Bank, 2021.

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The Philippine shipping industry has two distinct sides. On the one hand, the Philippines has a
flourishing domestic shipping industry as an archipelagic country with over 7,000 islands. The
Philippine domestic fleet comprises more than 12,000 registered vessels135 that transport people
and goods across the archipelago, contributing to developing the country's economy. On the
other hand, the Philippines plays a significant role in international shipping as the leading
provider of seafarers, accounting for around a fifth of the total.

In 2019, the Philippines contributed 497,680 seafarers internationally, but in 2020, due to the
Covid-19 pandemic, the number decreased to 213,299 seafarers and then to 162,966 in 2021136.
Over the years, Filipino seafarers’ remittances have contributed significantly to the development
of the Philippines. Through remittances, Filipino seafarers contributed approximately USD 5.23
billion to the national economy in 2020137, accounting for around 8% of the Philippines’ GDP.

The Philippines is served by 342 public and private ports138, excluding fishing ports. The largest
port in the Philippines is Manila, in the country’s northern region (Figure 7.3). Cebu, the second-
largest city, serves as the primary distribution centre for goods within the central islands. Davao
and Cagayan de Oro are the two most important ports in Mindanao in the southern Philippines,
mainly for agricultural exports.

Figure 7.3. Port of Manila, the Philippines

135
MARINA, 2021
136
Philippine Overseas Employment Administration, 2019 to June 202.
137
Bangko Sentral ng Pilipinas (BSP), 2020.
138
Philippine Ports Authority (PPA), 2020.

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The Philippines also holds an important position in global shipbuilding. It is the fifth largest
shipbuilding nation in the global order book139. Export-oriented shipbuilding plays a significant
role in the country’s economy. In 2019, the Philippines exported a total of USD 557 Million worth
of shipbuilding and repair goods140. The country has 118 shipyards141 with a capacity of close to
a million GT. The major shipyards in the country include Austal, Hanjin (Figure 7.4), Keppel, Subic
Drydock, Herma Shipyard, Tsuneishi, Mactan Shipyard, Navotas Shipyard, and Lucena Shipyard.

Figure 7.4. Hanjin Shipyard, Philippines

The Philippines has prepared its long-term plan through the Marine Industry Development Plan
(MIDP) as the roadmap for the accelerated development of the Philippine Maritime Sector from
2019-2028. The MIDP 2019-2028 is the first comprehensive effort to understand and address the
Philippines’ maritime sector's core problems and their underlying causes. The objective is to
develop and implement programs that are more responsive to the needs of the maritime
industry, effectively address key challenges, and lead to seizing opportunities in both the
domestic and international arenas. The MIDP has nine priority programs, each of which is
attainable through component elements and key activities:

• Upgrading of Domestic Shipping in Support of the Nautical Highway Development;

139
Barry Rogliano Salles (BRS) Group, 2019.
140
Philippines Board of Investments and Department of Trade and Industry (DTI)
141
op. cit. 137

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 • Development of Shipping Services for Maritime Tourism;
• Development of Coastal and Inland Waterways Transport (CIWT) System;
• Strengthening of Safety Standards of Philippine-Registered Fishing Vessels;
• Development of a Global Maritime Hub;
• Enhancement of Maritime Safety in the Philippines;
• Modernization of Maritime Security in the Philippines;
• Establishment of a Maritime Innovation and Knowledge Center (MIKC); and
• Advance the Development and Provision of Qualified and Competent seafarers and
Human Capital Requirements for the Global Maritime Industry.

Domestic passenger transport

As an archipelago with 7,461 islands, the Philippines is dependent on ferries to transport
passengers and goods. People rely on boats daily to travel between islands, crossing volatile seas
often rocked by storms and typhoons. The vessels vary from small motorized outriggers known
as motor bancas to roll-on, roll-off car ferries and large passenger ships to state-of-the-art high-
speed catamarans. The ferry fleet in the Philippines spans several generations of development.

In the Philippines, 99% of the domestic ferry fleet is owned by small, local associations.
Meanwhile, a few big, private companies dominate the ownership of the bigger domestic ships.
Examples of the associations and private ferry owners in the Philippines are given in Table 7.1.

Table 7.1. Ferry owners and associations in the Philippines

• Philippine Liners Shipping Association
• Philippine Interisland Shipping Association
• 2GO Shipping
• Philippine Coastwise Shipping Association
• Starlite Shipping
• Montenegro Shipping
• Trans Asia Shipping Co.
• Archipelago Shipping Co.
• Guimaras Boat Owners Association
• Motor Banca Associations
• Hairal Taup Motor Banca Operators
• Boating Industries Association of the Philippines

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The ships used in domestic passenger shipping in the Philippines are classified by the MARINA
into four main categories: motor vessel, motor banca, motor boat and others. Regarding fleet
distribution, 93% of the fleet consisted of passenger motor bancas (76%) and passenger motor
boats (%17) in 2021. Table 7.2 presents the number of vessels in the domestic fleet in the
Philippines in 2021.

Table 7.2. Profile of the domestic ferry fleet in the Philippines (Source: MARINA, 2021)
Type of vessels Number of vessels Example photos

Passenger motor banca 9,140

Passenger motor boat 2,143

Passenger others 426

Passenger motor vessel 379

Total 12,088

Similar to international shipping, all rules governing domestic passenger transport are classified
according to ship type, gross tonnage and ship length. About 95% of the domestic passenger fleet
is smaller than 35 GT and less than 50 metres in length.

There are more than 400 different domestic passenger shipping routes in the Philippines (see
Figure 7.5 for the common ferry routes). The routes are divided into three main categories:

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primary routes with sailing duration of more than 6 hours; secondary routes with sailing duration
between 1-6 hours; and tertiary routes with sailing duration of less than 1 hour.

Figure 7.5. Examples of commonly used ferry routes in the Philippines

7.3 Domestic ferry transport regulatory framework in the Philippines

Regulators of domestic passenger transport and institutional framework
The main governmental bodies engaged in the governance of the domestic passenger shipping
industry in the Philippines are the Department of Transportation (DOTr), Maritime Industry
Authority (MARINA), Philippine Coast Guard (PCG), Philippine Ports Authority (PPA), National
Mapping and Resource Information Authority (NAMRIA), and the Philippine Atmospheric,
Geophysical and Astronomical Services Administration (PAGASA). Among these bodies, MARINA
is the main regulatory body for shipping, acting as the maritime administration of the Philippines,
PCG is the main enforcement body for the industry, and PPA is responsible for port safety. The
roles and responsibilities of the main governmental bodies are presented below.

MARINA - The Philippine Maritime Industry Authority

• to monitor and evaluate maritime developments in the industry, and international
maritime laws;
• to ensure the Philippines’ continuing, active, and effective participation in the
international and local maritime industry and its bodies, associations, and networks;

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 • to formulate and continuously update rules and regulations based on the latest
developments on international rules and standards, and incorporate these into the
domestic rules and regulations;
• to ensure safe design and construction of ships;
• to supplement the assurance that all passenger ships are always maintained in good
condition;
• to periodically conduct ship safety inspections;
• to conduct safety management audits of shipping companies along with flagged vessels;
• to conduct compliance monitoring of the shipping industry; and
• to conduct accident investigations and take the necessary follow up actions.

PCG - The Philippine Coast Guard

• to enforce circulars and develop standard operating procedures for role-performance;
• to conduct inspections (PDI, VSEI, and ERE) of ships and take the necessary actions;
• to improve domestic shipping in the Philippines through improving maritime safety,
maritime security, search and rescue, law enforcement, and environmental protection;
• to implement Vessel Traffic Management System (VTMS) in maritime channels (narrow
waterways) to ensure traffic safety in collaboration with Port Authorities;
• to maintain the navigation buoys and all systems/assets and to cover the responsibility
for search and rescue (SAR) operations.
• to conduct and participate in accident investigations and keep records; and
• to issue notices to mariners and highlight any issues.

PPA - The Philippine Ports Authority

• to provide security to cargoes, port equipment, structure, facilities, personnel etc.;
• to regulate the entry/exit from, and movement within the port of persons, vehicles, and
watercraft;
• to maintain order inside the port, in coordination with other local police authorities;
• to supervise private security agencies operating within the port area;
• to enforce rules and regulations promulgated by the MARINA pursuant to law;

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 • to implement the provisions of the Orange Book142 which provide for the safety of the
travelling public; and
• to implement the guidelines (developed by PPA) for screening passengers and port users
in accordance with the requirements of the Inter-Agency Task Force on Emerging
Diseases.

DOTr - Department of Transportation

• to determine domestic passenger shipping safety needs;
• to undertake domestic passenger shipping safety needs assessment;
• to identify prospective/responsive measures addressing the identified/assessed domestic
passenger shipping safety needs;
• to undertake port network, shipping route network and aids-to-navigation development
studies/feasibility studies/investment programming/budget sourcing; and
• to formulate, promulgate, implement, and monitor the effectiveness of regulatory
measures, legislative instruments, policy pronouncements and policy strategies with the
end-in-view of improving the safety of domestic passenger shipping.

NAMRIA - National Mapping and Resource Information Authority

• to provide navigational charts and publications;
• to conduct hydrographic surveys in port areas; and
• to issue notices to mariners and navigational warnings.

PAGASA - Philippine Atmospheric, Geophysical and Astronomical Services Administration

• to issue gale warnings;
• to coordinate with MARINA and PCG on forecasting of weather and sea state;
• to forecast tracks of tropical cyclones; and
• to advise MARINA and PCG on allowable sea states for different types of ships.

142
The Orange Book aims to promote and sustain an environment-friendly workplace in all ports and harbours
of the country and ensure the health and welfare of all port users, passengers and workers, which also
incorporates the rules on handling and transporting of dangerous cargoes.

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The other key stakeholders in the domestic passenger shipping industry are the local143 and
international144 ship classification societies; shipping lines and shipping associations; ship
masters, chief engineers, mates and their associations; Society of Naval Architects and Marine
Engineers (SONAME); shipyards and their associations; motor banca/small boat owners and
operators; and motor banca/small boat builders and repairers.

Rules and regulations for domestic passenger transport

Various regulatory frameworks have been established to govern domestic passenger transport
activities in the Philippines including: rules and regulations, Administrative Orders (AO),
Memorandum Circulars (MC) and Standard Operating Procedures (SOP). MARINA and PCG are at
the frontline of the regulation and enforcement system for domestic passenger shipping safety
in the Philippines. Table 7.3 presents a non-exhaustive list of applicable regulations.

Table 7.3. Non-exhaustive list of regulations for domestic ferries in the Philippines

• Philippine Merchant Marine Rules and Regulations, 1997;

• Philippine Ship Safety Rules and Regulations (PSSRR), Part A (500 GT and Above) and
Part B (Less than 500 GT), 2021;
• Administrative Order-01-18 Creation of Marine Casualty Investigation Section, 2018;
• Administrative Order-01-19 Procedure for Casualty Investigation, 2019;
• Administrative Order-13-10 Creation Maritime Crisis Management Committee, 2013;
• MARINA Circular-2011-01 Rules for Construction of Wooden Hull Ships and for Wooden
Hull Boats with Outriggers, 2011;
• Memorandum Circular-2016-01 Revised rules on the mandatory passenger insurance
coverage; emergency assistance to survivors of maritime accidents/incidents; and
other relevant concerns, 2016;
• Memorandum Circular-2016-02 Revised rules on the phase out of wooden hulled ships
carrying passengers in domestic shipping, 2016;

143
None of the local classification societies currently authorized by MARINA are actively working.
144
These are IACS Member classification societies including, Class NK, American Bureau of Shipping, RINA and
Bureau Veritas.

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 • Memorandum Circular-2016-04 Revised rules and regulations on the requirements of
life-saving appliances under chapter IX of the Philippine Merchant Marine Rules and
Regulations 1997, 2016;
• Memorandum Circular-2017-04 Rules on the importation of passenger ships, 2017;
• Memorandum Circular-MS-2018-18 Revised rules and regulations on the
implementation of the mandatory minimum service standards and other services on
board ships carrying passengers in the inter-island shipping trade, 2018;
• Memorandum Circular-MS-2020-01 Revised rules on the accreditation of classification
societies and entities for the purpose of classification of ships in the domestic trade,
2020;
• Memorandum Circular-MS-2020-03 Revised rules and regulations on safe manning for
ships operating in the Philippine waters, 2020;
• Memorandum Circular-SR-2021-01 Revised rules and regulations on the tonnage
measurement of Philippine registered ships, 2020;
• Memorandum Circular-SR-2021-02 Revised rules and regulations on load line survey,
assignment, marking and certification for Philippine registered ships, 2020;
• Memorandum Circular-SR-2020-03 Rules on the construction and certification of
vessels using composite materials, 2020;
• Memorandum Circular-05-12 Master’s Declaration of Safe Departure, 2012;
• Memorandum Circular-06-12 Vessel Safety Enforcement Inspections, 2012;
• Memorandum Circular-07-12 Pre-Departure Inspection, 2012;
• Memorandum Circular-08-12 Emergency Readiness Evaluation, 2012;
• Standard Operating Procedures-08-12 Master’s Declaration of Safe Departure, 2012;
• Standard Operating Procedures-09-12 Pre-Departure Inspection of Vessel, 2012;
• Standard Operating Procedures-10-12 Vessel Safety Enforcement Inspection, 2012; and
• Standard Operating Procedures-11-12 Emergency Readiness Evaluation, 2012.

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7.4 Domestic ferry accidents in the Philippines145
Trends in accidents
Given the Philippines’ archipelagic nature, passenger shipping is the most important and
preferred means of public transport. Of the more than 12,000 domestic passenger vessels, larger
steel-hulled motor vessels constitute barely 1 to 3% whereas 97% are smaller wooden and
fiberglass hulled, motor boats and motor bancas less than 35 GT. Compared to the motor vessels,
the motor boats and motor bancas are of primitive construction which makes them even more
vulnerable to heavy seas, and sudden weather changes in the Philippines which encounter more
than 20 typhoons annually.

According to the database of this study, 25 accidents occurred in the Philippines between 2011-
2021. The distribution of the number of accidents by year suggests a decreasing trend (Figure
7.6) which may be attributed to the ongoing government efforts to stem the accident numbers
and the numerous technical assistance projects for capacity building.

5
5

4
Number of accidents

3 3 3
3

2 2
2

1 1
1

0
0
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Figure 7.6. Trend of accidents in the Philippines: 2011-2021 (Source: Arcsilea)

Regardless, most recently, in 2022, there were two ferry fires. On 23 May 2022, the fastcraft,
mv Mercraft 2 carrying 126 passengers and 8 crew caught fire while en route from Polillo Island

145
This statistics in this section of the report is drawn from the Arcsilea database.

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to Real, Quezon Province. 127 people were rescued while seven lost their lives146. On 27 August
2022, the mv Asia Philippines carrying 49 passengers and 38 crew members from Calapan,
Mindoro Province to Batangas caught fire at Batangas anchorage although all passengers and
crew were accounted for147.

Causal factors of accidents

A total of 599 persons lost their lives as a result of domestic ferry accidents in the Philippines
between 2011-2021. The study revealed that capsizing, hull failure, technical failure, and collision
followed by sinking represented 88% of the accidents (Figure 7.7), and 95% of the lives lost. The
causes frequently cited in studies, and revealed from the accident database of this study include:
heavy weather and sea conditions, discrepancies in inspection and enforcement mechanisms
(unregistered ferries, unseaworthy vessels, overloaded sailing), human error (poor lookout, poor
seamanship), violations (overcrowding), technical failures, instability (capsizing), squall (weather
phenomena), aged ships (imported second-hand), inadequacies in port infrastructure and shore
navigation aids, shortage of qualified officers and crew in domestic shipping inaccessibility of
affordable financing and lack of attractive incentives (small/medium-sized companies), weak
regulation and supervision of shipping, fishing, and other maritime-related enterprises and
activities including enforcement. 148, 149, 150, 151

146
The New York Times. (2022, May 23). Seven dead and more than 100 rescued in Philippine ferry fire.
https://www.nytimes.com/2022/05/23/world/asia/philippine-ferry-fire.html
147
AP News. (2022). More than 80 people rescued from Philippine ferry fire.
https://apnews.com/article/fires-asia-philippines-manila-search-and-rescue-efforts-
b204683ca6ab5d98019637a80168f867
148
Golden, A. S., & Weisbrod, R. E. (2016). Trends, causal analysis, and recommendations from 14 years of
ferry accidents. Journal of Public Transportation, 19(1), 2. https://digitalcommons.usf.edu/jpt/vol19/iss1/2/
149
Baird, N. (2018). Fatal ferry accidents, their causes, and how to prevent them. PhD Thesis, Australian
National Centre for Ocean Resources and Security, University of Wollongong, Australia.
https://ro.uow.edu.au/theses1/498/
150
Ong Jr, J. R. T. (2021). An analysis of domestic ferry safety and the pre-departure inspection enforcement
in the Philippines. Masters’ Thesis, World Maritime University. Sweden.
https://commons.wmu.se/all_dissertations/1727
151
MARINA (2021). Philippines: Maritime Industry Development Plan (MIDP), 2019-2028. Problem Tree for
the Maritime Industry. https://marina.gov.ph/wp-content/uploads/2022/06/10-YEAR-MIDP-2021.pdf

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 4%
4%
8%

12%

4% 60%

8%

Capsize/Sinking Collision/Sinking Grounding/Sinking Hull failure/Sinking

Technical failure Fire Unknown

Figure 7.7. Percentage distribution of accidents in the Philippines: 2011-2021 (Source: Arcsilea)

Geographic distribution of waterways accidents

The Philippines has navigable rivers, channels, and other inland bodies of water which amount
to 3,219 kilometres but are limited to vessels with drafts less than 1.5m152. However, as the
world’s second largest archipelagic country, the inter-island routes between the main and
remote islands remain relatively risky in terms of domestic passenger safety. The accidents
appear to be distributed over different areas (Figure 7.8). However, the routes to and from
Mindanao Island (12%; Sulu Sea Routes, Mindanao River Routes), Cebu Island (12%; off Talisay
City, Cebu Port Area), and Leyte Island (12%; Surigao-Leyte Channel and Ormoc Port Area) are
identified as the top three risks with a slightly higher number of accidents. In addition, especially
during the tourist seasons, the routes to and from Boracay Island (8%; Boracay-Panay Island
Routes), and Iloilo Island (8%; Iloilo-Guimaras Routes) can also be congested and, therefore,
prone to accidents. The percentage distribution of accidents in Philippine waters is presented in
Figure 7.8 and a more detailed overview of the geographic distribution is provided in Table 7.4.

152
Index Mundi. (2020). Philippines Waterways. https://www.indexmundi.com/philippines/waterways.html

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 4%
4% 12%
4%
4%

4% 12%

4%

4%

4% 12%

4%
4%
8%
4%
4% 8%

Mindanao Island Cebu Island Leyte Island Boracay Island Iloilo City Manila

Palawan Island Tawi Tawi Island Burias Island Quezon Itbayat Island Batangas

Sibuyan Sea Bantayin Island Central Luzon Camotes Islands Bohol Sea

Figure 7.8. Percentage distribution of accidents in the Philippines by location: 2011-2021

(Source: Arcsilea)

Table 7.4. Geographic distribution of waterways accidents in the Philippines

Location Accident prone area

Mindanao Island Sulu Sea Routes
Mindanao River Routes (Rio Grande de Mindanao)
Cebu Island Off Talisay City
Cebu Port Area
Leyte Island Ormoc Port Area
Surigao-Leyte Channel
Boracay Island Boracay-Panay Island Routes
Iloilo Island Iloilo-Guimaras Routes
Other island routes Gumaca-Alabat Island Routes
Gunungsitoli-Sibolga
Batanes Archipelago
Off Barangay Corona
Sibuyan-Romblon Island Routes
Samboan-Dapitan City Routes
Lingos-Polillo Island Routes
Near Manila Bay
Near el Nido
Off Tawi Tawi Province
Near Masbate

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Although due to a variety of complex organisational factors and frequent natural disasters
(lacking life-saving and firefighting equipment, human error, typhoons) domestic passenger
vessel accidents continue to occur in the Philippines, several measures are being taken to address
the safety issues. The Maritime Industry Development Plan (MIDP) and the strategic roadmap
covering the years 2019-2028 aim to accelerate and expand domestic shipping services in a safe,
secure and efficient manner. Areas of focused improvement include enlarged administration
with expanded human resources and wider presence, formulation and implementation of
numerous safety policies, better reporting culture, enhanced effectiveness and efficiency of
inspections, and a free press. Besides, there are ongoing internationally funded infrastructure
projects related to domestic shipping, and there is an internationally funded ongoing project
aiming at enhancing the safety and energy efficiency of domestic passenger ships in the
Philippines. The current efforts of maritime stakeholders, as well as ongoing international
projects, can be considered as an indicator that authorities are likely to welcome an external
safety intervention in the future.

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8 SENEGAL
8.1 General information and characteristics of Senegal
Location and geography
The Republic of Senegal is located on the bulge of West Africa and covers an area of 196,722
square kilometres. Senegal is bordered to the west by the Atlantic. To the north is the 813 km
border with Mauritania along the Senegal River, and to the east is the 419 km border with Mali.
The southeast has a 330 km border with Guinea, and in the South-Southwest is a 338 km border
with Guinea-Bissau, both bordering along the Casamance River. The Gambia, with a 740 km
border, penetrates more than 320 km into Senegal, from the Atlantic coast to the centre of
Senegal along the Gambia River.

Figure 8.1. Map of the Republic of Senegal (Source: World Atlas, 2022)

Senegal has approximately forty small islands. The historical importance of Goree Island in
offshore Dakar as a UNESCO World Heritage site and a historical slave-trading hub makes it a
popular tourist destination. The island is a key destination for African-Americans who come to
pay their respects and reflect upon their ancestors’ past. Lake Retba, located near Dakar, is one
of the rare lakes with naturally pink or reddish-pink water and is yet another well-known,
distinguishing feature of the country.

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 Rebta Lake, Senegal (Source: https://senegalski.com/travel-senegal/pink-lake-senegal/)

The Gorée Island, Senegal (Source: https://www.portdakar.sn/en/nos-services/trafic-passager/dakar-goree)

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Demographics
As of 2022, Senegal has a population of 17.74 million, an annual population growth rate of 2.8%,
and an average population age of 19, according to local statistics from ANSD153. Almost one-
quarter of the population lives in the capital, Dakar.

French is the official language but is used regularly only by the literate minority. Almost all
Senegalese speak an indigenous language, of which Wolof has the largest usage. Other languages
include Serer, Pulaar, Diola (Jola), Mandinka, and Soninké.

Senegal is divided into fourteen regions, the highest level of administrative division. The capital
Dakar constitutes a region, and the remaining thirteen regions are Ziguinchor, Diourbel, Saint-
Louis, Tambacounda, Kaolack, Thiès, Louga, Fatick, Kolda, Matam, Kaffrine, Kédougou and
Sédhiou.

Political
Senegal attained independence in 1960 and has since been one of the most stable countries in
Africa154. Senegal has good relationships with the international community, with a peaceful
traditional and regional policy.

Senegal has a mixed legal system based on the French civil code and Senegalese Islamic law. The
first constitution of Senegal was promulgated in 1963 and revised in March 1998. Voters
approved a new constitution in January 2001. Senegal is a multiparty republic. The 2001
constitution provides for a strongly centralized presidential regime.

The President is Chief of State and Head of Government, elected by popular vote (absolute
majority) over two rounds, with a maximum of two consecutive terms. In 2016, the presidential
term was reduced via referendum from seven to five years. The president appoints the Prime
Minister as Head of the Government, who nominates the Council of Ministers in consultation

153
ANSD stands for “Agence Nationale de la statistique et de la Démographie”- National Agency for Statistics
and Demography, is an administrative structure endowed with legal personality and management autonomy
and placed under the authority of the Minister in charge of Statistics.
154
World bank (2022). The World Bank in Senegal: Overview.
https://www.worldbank.org/en/country/senegal/overview.

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with the President. The President is also the armed forces Commander-in-Chief and enjoys
immense executive powers.

The legislature in Senegal is unicameral. The parliament, called National Assembly, has 165 seats,
with the majority (105) of its members elected by direct popular vote. All legislators serve five-
year terms. Legislative power is vested in both the government and the parliament.

Judicial power in Senegal is exercised through the Constitutional Council, Council of State, Court
of Cassation, Court of Accounts, and the lower Courts and Tribunals. Senegal also has a High Court
of Justice, whose members are elected by the National Assembly. The High Court tries
government officials for misfeasance and crimes committed while performing their government
duties.

Each region is administered by a Governor. The Governor is assisted in coordination by two

deputy governors, one of whom handles administration and the other, development. The
regional assemblies are composed of general councillors who are responsible for local taxation.
There are also autonomous urban communes. An elected municipal council governs Dakar.

The fourteen regions are further subdivided into départements and arrondissements. Besides
ministers, the Prefect of each département represents the Republic.

Economy
The Senegalese economy is among the most stable and prosperous in sub-Saharan Africa,
maintaining a sustained growth of over 6% annually over recent years.155 Mining industries,
construction, tourism, fisheries, and agriculture are the main drivers of Senegal’s economy and
primary employment sources. In addition, the country's social and political stability and
favourable business environment make Senegal a safe destination for local and international
investment.

155
World Bank (2022). The World Bank in Senegal: Overview.
https://www.worldbank.org/en/country/senegal/overview.

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According to the World Bank, Senegal’s GDP in 2021 was USD 27.63 billion. Services remain the
primary sector and main contributor to GDP, with agriculture being the most dynamic growth
engine.

Despite economic growth and political stability, Senegal faces development challenges; more
than a third of the population live below the poverty line. Poverty and food insecurity are
prevalent in rural areas to the north, east, and south of Senegal.156

8.2 Maritime profile

Shipping
Senegal has 530 km of the Atlantic coastline on the west. Maritime transport in Senegal is carried
out through the ports of Dakar, Ziguinchor, and Kaolack. The Autonomous Port of Dakar (PAD)
accounts for the majority of maritime traffic in the country and has long been considered the
backbone of Senegal’s economy, handling 95% of foreign trade and generating 90% of customs
revenues157.

Senegal’s current fleet of only 35 registered ships does not reflect the country's ambition (Figure
8.2 refers). The leading shipping companies in Senegal are:
• the Senegalese Maritime Navigation Company – a vessel chartering company;
• the Maritime Transport Company – engaged in oil product transportation;
• the Société Nouvelle des Salins du Saloum – engaged in salt transportation; and
• the liner Dakar-Ziguinchor - involved in domestic ferry transport.

A naval repair shipyard, DakarNave, affiliated with Lisnave International, SA is located within the
port of Dakar.

156
World Food Programme. (2022). WFP Senegal Country Brief, April 2022.
https://docs.wfp.org/api/documents/WFP-0000140340/download/.
157
Haji, H. & Ndiaye, O. (2020). Port Autonome de Dakar: Analysis April 2020.

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 Coast/area ratio Ship building Ship recycling
6.9 m/km2 … …

Fleet-National flag Fleet-National flag Fleet-Ownership

17 thousand DWT 35 ships 7 thousand DWT

Container port throughput Number of seafarers Number of port of calls

… 489 1,972

Figure 8.2. Maritime profile of Senegal (UNCTAD, 2021)

Inland waterways and passenger ferry transport

In addition to the 530 km of Atlantic coastline, three Rivers cross Senegal from the east to the
west: Senegal River (1,700 km) in the north, Gambia River (750 km) and Casamance River (300
km) in the south, whilst the Saloum River (105 km) east of Kaolack flows down into the Atlantic.

Senegal has about 1,000 km of navigable inland waterways, split between the rivers Senegal,
Saloum, and Casamance158. Domestic maritime transport through these rivers is a social and
economic need in Senegal. Ferry transport is a vital link between the southern part of Senegal
and Dakar. Sea and river transport between the port of Dakar and the secondary ports of Saint
Louis, Kaolack, and Ziguinchor are of particular importance.

Figure 8.3. The Senegal River

158
The Wold Factbook, 2022. Explore all Countries: Senegal. https://www.cia.gov/the-world-
factbook/countries/senegal/#transportation

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Dakar is on the Cabo Verde peninsula on the Atlantic, and Banjul, Ziguinchor, and Gorée Island
are accessible from Dakar via ferry. Ferry travel, for example, between Dakar and the southern
Senegalese city of Ziguinchor is approximately 20 hours, which is faster than travelling overland.
Figure 8.4 illustrates the various ferry types in operation in the country, while the main routes
for ferry transport in Senegal are set out at Table 8.1 and illustrated at Figure 8.5.

Table 8.1. Main passenger ferry transport routes in Senegal

Route Frequency Vessels in service Company
Dakar - Ziguinchor four times a week car ferry COSAMA

Dakar - Gorée Island every two hours, two vessels operated by a public
daily transport service, Liaison
Maritime Dakar-Gorée
(LMDG), managed by the
Societe Nationale du Port
Autonome De Dakar
(SONAPAD)
St. Louis - Podor one week from Podor cruise ship
to St Louis and the
following week from
St Louis to Podor
Dakar-Banjul (The Gambia) around 3 million three ferries
across the Gambia River passengers, annually

Figure 8.4. Examples of different types of ferries in Senegal

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 Figure 8.5. Plot of main passenger ferry routes in Senegal (copyright authors)

8.3 Maritime regulatory framework in Senegal

Applicable maritime regulations
Maritime transport in Senegal is primarily governed by the Senegalese Code of Merchant Marine
(CMM). The first version of the CMM dating back to 22 March 1962, shortly after independence
was strongly inspired by the 1924 Brussels Convention. The current Code of Merchant Marine,
2002 was established by Law n° 2002-22 of 16 August 2002.

As regards international maritime instruments, Senegal has ratified 25 Conventions adopted by

the International Maritime Organisation (IMO) and the International Labour Organisation (ILO);
the latest being ratification of the 2006 Maritime Labour Convention in 2019. A non-exhaustive
list of applicable maritime legal texts in Senegal governing maritime transport, including domestic
ferry transport by sea and rivers is provided at Table 8.2.

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 Table 8.2. Non-exhaustive list of maritime laws and regulations in Senegal

• Presidential Instruction No. 0582/PR/MSAP/EMP/CAB.11 of 30 October 1995 on the

use of Senegalese territorial waters and port facilities;
● Law n° 2001-01 of 15 January 2001, establishing the Code of the Environment, 2001,
supplemented by Decree No. 2001-282 of 12 April 2001 implementing the
Environment Code, 2001;
● Law n° 2002-22 of 16 August 2002, establishing the Code of Merchant Marine, 2002;
● Decree No. 2002-933 of 3 October 2002 on the issue of professional maritime training
qualifications and the conditions governing the performance of duties on board
commercial and fishing vessels, as well as armed pleasure craft with a crew role;
● Decree No. 2003-651 of 12 August 2003 established within the Gendarmerie a Special
Section for the Protection of the Environment, 2003;
● Decree n° 2004-283 of 5 March 2004 laying down detailed rules for the application
of the Law on the Merchant Marine Code;
● Decree No. 2006-322 of 7 April 2006 establishing the High Authority for the
Coordination of Maritime Safety and the Protection of the Marine Environment
(HASSMAR), 2006;
● Order No. 006944 of 17 October 2006 on the High Authority for Maritime Safety,
Maritime Security, and the Protection of the Marine Environment (HASSMAR);
● Decree No. 2006-323 of 7 April 2006 establishing the National Emergency Response
Plan at Sea (Plan National d’Interventions d’Urgence en mer - PNIUM);
● Decree No. 2009-583 of 18 June 2009 on the establishment, organization, and
functioning of the National Agency for Maritime Affairs (ANAM), 2009;
● Law n° 2009-583 of 18 June 2009 on the creation, organization, and functioning of
the National Agency for Maritime Affairs (ANAM), 2009;
● Law No. 2010-09 of 23 April 2010 on the Maritime Ports Police, 2010;
● Decree n° 2011-821 of 16 June 2011 repealing and replacing Decree n ° 2010-426 of
31 March 2010 and fixing the rates of financial resources of the National Maritime
Affairs Agency (ANAM);
● Decree No. 2011-1255 of 23 August 2011 on the organization of the Ministry of
Maritime Economy;
● Decree n° 2014-884 of 22 July 2014 on the powers of the Minister of Fisheries and
Maritime Economy, as amended by Decree No. 2015-121 of 23 January 2015; and
● Decree n° 2016-933 of 5 July 2016 on the health of seafarers.

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Institutional framework for regulating maritime transport
Several institutions are involved in regulating shipping activities in Senegal. At the government
level, there is technical supervision from the Ministry of Fisheries and Maritime Affairs and
financial supervision from the Ministry of Economy and Finance. Under the Ministry of Fisheries
and Maritime Affairs, various directorates are involved in the institutional framework regulating
maritime transport, including:
• Directorate of Merchant Marine;
• Directorate of Maritime Fisheries;
• Directorate of Ports and Inland Maritime Transport; and
• Directorate of Port Infrastructure.

Other Authorities are also involved in regulating maritime transport in Senegal among others,
the High Authority for the Coordination of Maritime Safety, Maritime Security and protection of
the Marine Environment (La Haute Autorité chargée de la Coordination de la Sécurité maritime,
de la Sûreté maritime et de la Protection de l’Environnement marin - HASSMAR); the National
Agency for Maritime Affairs (Agence Nationale des Affaires Maritimes - ANAM); the Directorate
of Secondary Ports and Inland Shipping DPTMI; and the Port Autonome de Dakar (PAD).

HASSMAR
HASSMAR is designated as the High Authority responsible for maritime safety. Created by Decree
No. 2006-322 of 7 April 2006, the HASSMAR is an autonomous administrative structure with an
operational vocation that intervenes in the coordination of emergency interventions at sea, on
rivers, and in port areas. HASSMAR also regulates the interaction between the different bodies
within the maritime sphere. Its responsibilities, among others, include:
• maintenance of public order, the safety of navigation, the prevention and fight against
unlawful acts; the safety and security of the population, resources, and facilities;
• protection of the marine environment and preservation of maritime resources; and
• coordination of the response to oil spills at the national level.

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ANAM
ANAM, created by Decree No. 2009-583 of 18 June 2009, is placed under the supervision of the
Directorate of Merchant Marine and the Directorate of Ports and Inland Maritime Transport.
ANAM has managerial autonomy and is entrusted with a service of public duty. At its core, ANAM
comprises five directorates:
• Directorate of Maritime Safety and Prevention of Marine Pollution;
• Directorate of Seafarers, Maritime Labour, and Training;
• Directorate of Maritime, River and Port Transport;
• Directorate of Maritime Operations; and
• Directorate of Maritime Projects and Investigations.

As a delegated maritime authority, ANAM is responsible for implementing the Senegalese State's
policy on merchant shipping and applying international conventions, codes, and maritime
regulations in force in Senegal. Its mission, among others, includes:
• ships’ and seafarers’ administration: registration, certification, and inspection;
• participation in the policing of marine pollution: prevention against polluting the marine
environment;
• participation in the policing maritime and river navigation: controls at the quayside, at
sea, and in rivers;
• monitoring movement of undecked ships, and boats at sea and in inland waterways; and
• development of so-called secondary ports, etc.

DPTMI
The Directorate of Secondary Ports and Inland Shipping, or DPTMI is responsible for managing
and operating secondary ports and waterways. The commercial exploitation of waterways is
entrusted to the Chambers of Commerce of the cities concerned, based on plans signed off with
the State.

PAD
The Port Autonome de Dakar (PAD) has a key role in regulating maritime transport in Dakar.
According to Convention No. 0174 of 17 October 1973, for the Dakar-Gorée Island maritime

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transport by ferry, a public company, the National Company of the Autonomous Port of Dakar
(Societe Nationale du Port Autonome de Dakar - SONAPAD) is responsible under the authority of
the Director General of the Port Authority of Dakar, for ensuring crossings with defined safety
conditions. In addition, the Authority implements policies aimed at the following 159:
• overseeing the operation and maintenance of the launches per the applicable regulations
concerning the safety and security of passenger ships;
• ensuring continuity of service by focusing on punctuality and regularity of rotation;
• building customer loyalty by strengthening the Maritime Dakar-Gorée link in its role as a
showcase; and
• promoting Gorée as Senegal's unmissable tourist place leveraging its classification as a
UNESCO World Heritage Site.

OMVS
At the regional level, the Senegal River Basin Development Authority (in French, L’Organisation
pour la Mise en Valeur du fleuve Sénégal (OMVS)) was created in 1972 by Senegal, Mali,
Mauritania, with Guinea joining in 2006. The OMVS’ mission is to jointly manage the Senegal
River and its drainage basin. Its regional objectives are increasing food security, producing
energy, reducing poverty and promoting the free movement of goods and services.

To fulfil its objective, the OMVS works to make the river navigable. During the 1960s, navigation
between Saint-Louis and Kayes flourished, but it ceased entirely in the 1970s due to poor river
maintenance and the 1973-1975 drought of the Senegal River. Presently, only one tourist ferry
boat, Bou El Mogdad, operates on the river. OMVS has worked on this navigation project since it
was founded, carrying out many technical, environmental, economic and financial studies. It has
now become one of the priority objectives of its agenda, and the OMVS hopes to quickly start
the first phase of its project to create a continuous and lasting navigable waterway of 905 km,
between Saint-Louis (Senegal) and Ambidedi (Mali)160 (see route map at Figure 8.6).

159
See: https://www.portdakar.sn/en/nos-services/trafic-passager/dakar-goree
160
Organisation pour la Mise en Valeur du fleuve Sénégal. (2022). https://www.omvs.org/

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 Figure 8.6. Route map of OMVS’, St. Louis, Senegal – Ambidedi, Mali waterway project

8.4 Domestic ferry accidents in Senegal161

Database records
Unlike the other countries examined in the scope of this study, only one accident is recorded in
the dataset against Senegal namely, the capsizing and sinking accident that occurred in 2017 off
Bettenty and resulted in the total loss of the ship and 20 fatalities.

The Le Joola casualty

The capsize and sinking of the Senegalese government-owned Le Joola on 26 September 2002
with the catastrophic loss of 1,863 lives (only 64 persons saved) has earned this casualty the
epithet of “Africa's Titanic”162, 163 (Figure 8.7). The ship was enroute from Ziguinchor to Dakar
beyond its permitted distance from the coastline, when it ran into a violent storm. With over
2,000 passengers onboard, about half without tickets, the ship had taken nearly four times more

161
This section of the report is based on statistics drawn from the Arcsilea database.
162
Barton, K. S. (2020). Africa’s Joola shipwreck: Causes and consequences of a humanitarian disaster:
Lexington Books.
163
Jullien, M. (2012). Africa’s Titanic: Seeking Justice a Decade after Joola. BBC News, 12.

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passengers than its design capacity of 580 passengers164, 165, 166. Many passengers were sleeping
on deck, above the centre of buoyancy and, thereby, contributed to the ship’s instability. It took
several hours for rescue operations to begin. Numerous sources suggest that the accident was
caused by a variety of factors, including negligence. While the capsizing may be directly attributed
to the prevailing rough weather and sea conditions, the ferry violated her certified area of coastal
water operations. Both, the capsizing and the high death toll are also attributed to overcrowding.
The ship was 12 years old and built to be in service for at least 30 years but had suffered several
technical problems, which were attributed to poor maintenance by its owners and not to design
or manufacturing flaws.

The government of Senegal took significant action in response to this tragedy. Senegal's ferries
are now managed and inspected with great care. Both, boarding and the quantity of cargo
permitted on ferry boats are now strictly regulated.

Figure 8.7. mv Le Joola accident on 26 September 2002 167, 168

164
Rothe, D., Muzzatti, S., & Mullins, C. W. (2006). Crime on the high seas: Crimes of globalization and the
sinking of the Senegalese Ferry Le Joola. Critical Criminology, 14(2), 159-180.
165
Barton, K. (2016). The Joola: the Geographical Dimensions of Africa's Greatest Shipwreck. American
Geographical Society. http://www.focusongeography.org/publications/articles/joola/index.html
166
AnswersAfrica. (Remembering The Le Joola Disaster: Africa's Own Titantic. https://answersafrica.com/le-
joola-disaster.html
167
RFI. (2017). Sénégal: 15 ans après le naufrage du Joola, le dossier au point mort.
https://www.rfi.fr/fr/afrique/20170926-senegal-15-ans-apres-le-naufrage-joola-le-dossier-point-mort
168
WakatSera. (2017). Sénégal: les naufragés du Joola crient justice!. https://www.wakatsera.com/senegal-
les-naufrages-du-joola-crient-justice/

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Accidents involving migrant boats
Besides domestic passenger transport used by the local people and tourists, one of the important
issues in Senegal, is the carriage of illegal immigrants using passenger boats between Senegal
and the Canary Islands. Until 2006, when a record 31,000 asylum seekers and migrants made the
crossing, the Atlantic route was considered the most dangerous sea passage for Africans
attempting to reach Europe. In 2020, more than 19,500 people attempted to reach the Canary
Islands through this Atlantic route. From Dakar, the distance of around 870 nm should take nearly
8-9 days by boat in rough seas and away from shore, which obviously makes for a voyage
inherently fraught with risk. Therefore, annually, there are several accidents during these migrant
passages, mostly resulting in sinking and loss of life. In September 2020 alone, of the 14 boats
carrying 663 migrants leaving Senegal for the Canary Islands, 26% experienced an incident or
shipwreck169, 170 (see photographs at Figure 8.8). Three further examples of recent incidents are
presented below.

Figure 8.8. Examples of migrant boats and consequent accident at sea 171, 172

169
International Organization for Migration (IOM). (2020). 2020’s deadliest shipwreck so far, sees 140
migrants perish off Senegalese coast. https://news.un.org/en/story/2020/10/1076512
170
DeutcheWelle. (2020). Senegal: At least 140 migrants die after boat sinks.
https://www.dw.com/en/senegal-at-least-140-migrants-die-after-boat-sinks/a-55440418
171
HeritageTimes. (2022). Boat Carrying Migrants To Europe Capsizes In Senegal, 13 Feared Dead.
https://www.theheritagetimes.com/boat-carrying-migrants-to-europe-capsizes-in-senegal-13-feared-dead/
172
Euractive. (2020). Hundreds of African migrants reach Canary
Islandshttps://www.euractiv.com/section/justice-home-affairs/news/hundreds-of-african-migrants-reach-
canary-islands/

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On 24 October 2020, a vessel which departed from Mbour, western Senegal enroute to the
Canary Islands capsized near Saint Louis, on Senegal’s northwest coast a few hours after
departure. The vessel was carrying more than 200 migrants and as a result of the accident, more
than 140 people lost their lives. Senegalese and Spanish navy units as well as fishing boats in the
vicinity managed to rescue 59 people173. It was reported as the deadliest shipwreck recorded in
2020 on the Atlantic route. It was also emphasized by the local authorities that with that
shipwreck, the tally of reported deaths on the Atlantic migrant route for 2020 was at least 414,
nearly twice the figure of 210 in 2019, indicating a significant increase in the number of
departures from West Africa to the Canary Islands174.

In August 2021 a boat, carrying around 60 migrants capsized off Saint Louis, and dozens of
passengers lost their lives175.

In 2022, on 27 June, while the scoping study was underway, a boat, carrying around 150 people
(illegal migrants trying to get to Europe) capsized after a fire broke out on board. At least 13
persons lost their lives while 40 were missing and 91 people were rescued. The accident occurred
off Kafountine in the Southern Casamance area at night time.

Inference from migrant boat accidents

The main inference from the large number of loss of lives in each migrant boat incident is the
lack of capacity to undertake mass rescue operations at sea. This lack is equally applicable to any
distress situation involving a domestic ferry with hundreds of passengers onboard. The ability of
a coastal State to undertake mass rescue operations in waters under its jurisdiction is a critical
imperative, especially if large passenger ships operate in the coastal State’s jurisdiction.

173
InfoMigrants. (2020). Senegal: At least 140 perish in deadliest shipwreck of the year
https://www.infomigrants.net/en/post/28209/senegal-at-least-140-perish-in-deadliest-shipwreck-of-the-
year
174
Impakter. (2021). Migrant Deaths in the Atlantic Highest Since 2007, as EU ‘Big Wall’ in the Mediterranean
Is Avoided. https://impakter.com/migrant-deaths-in-atlantic-highest-since-2014/
175
Voice of America (VOA). (2022). Boat Sank off Senegal Coast - 13 Migrants Dead
https://www.voaafrica.com/a/boat-sank-off-senegal-coast-13-migrants-killed-/6638065.html

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9 TANZANIA
9.1 General information and characteristics of Tanzania
Geography
The United Republic of Tanzania, located at the south of the equator in East Africa was formed
as a sovereign State in 1964 through the union of Tanganyika and Zanzibar.176 Its land area
measures 947,303 square kilometres. Three of Africa's great lakes are partly within Tanzania. To
the north and west lie Lake Victoria, Africa's largest lake, and Lake Tanganyika, the continent's
deepest lake. To the south lies Lake Malawi. The coastline to the east of the country on the
northwest Indian Ocean is approximately 1,424 kilometres. The Zanzibar Archipelago is just
offshore and incorporates several offshore islands, including Unguja (called Zanzibar Island),
Pemba, and Mafia177 (Figures 9.1 & 9.2). Tanzania borders Uganda, Kenya, Comoros Islands,
Mozambique, Malawi, Zambia, Rwanda, Burundi, and DRC.

Figure 9.1. Map of the United Republic of Tanzania Figure 9.2. Map of the Zanzibar archipelago
(Source: World Atlas, 2022)

176
Mandia, M. H., 2000. An investigation into the system of managing maritime safety [and] environment
protection in the United Republic of Tanzania. World Maritime University, Sweden
177
World Atlas, 2022. Africa/Tanzania, https://www.worldatlas.com/maps/tanzania

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Demographics
Tanzania had an estimated population of 61.5 million in 2021. It has one of the highest birth rates
in the world of 36.2 births per 1,000 people. More than 44% of the population is under the age
of fifteen.178 The population is unevenly distributed. Most people live on the northern border and
the eastern coast of Tanzania and the remainder of the country is sparsely populated.

Dar es Salaam is the de facto capital and the largest city with a population of 2,698,652.179
Located in the centre of Tanzania, Dodoma is the de jure capital, although action to move
government buildings to Dodoma has stalled.

Tanzania’s population consists of about 125 ethnic groups, the largest being the Sukuma,
Nyamwezi, Chagga, and Haya peoples having more than one million members each.

Over a hundred different languages are spoken in Tanzania and include all four of Africa's
language families – Bantu, Cushitic, Nilotic, and Khoisan. Swahili and English are Tanzania's
official languages. Other languages are Indian languages and Portuguese (spoken by Goans and
Mozambicans)180.

Political
Tanzania, as best described by an interview participant, is one nation State with two countries –
Mainland Tanzania and Tanzania Zanzibar. Consequently, the State is administered by a two
Government system: the Government of the United Republic of Tanzania (Union Government)
and the Revolutionary Government of Zanzibar.

The Union government was formed in 1964 after Tanganyika and the Zanzibar became
independent, respectively in 1961 and 1964181. The United Republic of Tanzania is a republic with

178
Word Bank. (2022). Data about Tanzania population.
https://data.worldbank.org/indicator/SP.POP.TOTL?locations=TZ.
179
PopulationStat. (2022). World Statistical Data, Dar es Salaam, Tanzania Population.
https://populationstat.com/tanzania/dar-es-salaam
180
Levinson, D. (1998). Ethnic groups worldwide: a ready reference handbook. Greenwood International.
Oryx Press, Phoenix, USA.
181
Cameron, G. (2019). Zanzibar in the Tanzania Union. In Secessionism in African Politics. Palgrave
Macmillan, UK.

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an executive president. The Government of the United Republic of Tanzania is operating through
three arms: the Executive, including the President, Vice President, Prime Minister and the
Cabinet, the Parliament and the Judiciary. The President is elected by direct popular vote every
five years, and permitted to serve a maximum of two, five-year terms. The President appoints
the Prime Minister, who serves as the government leader in the Assembly, selects the cabinet
from the National Assembly, and nominates ten non-elected members of parliament who can
serve in the cabinet.

Zanzibar is a semi-autonomous part of Tanzania, with its own president, devolved government
and legislature. The President of Zanzibar is the head of the Revolutionary Government of
Zanzibar. Zanzibar’s House of Representatives consists of 50 directly elected members182. The
House is responsible for legislation on domestic matters and, in practice, external trade. The
President of Zanzibar also appoints the chief justice and judges, judges of appeal with the advice
of the Chief Justice, and High Court judges with the advice of the Judicial Services Commission.
The Court of Appeal is the supreme court and the final appellate court, and is presided over by
the chief justice. Other more specialized courts include the Commercial Court and the Land Court.

Economy
The economy of Tanzania is a lower-middle income economy, with a total GDP of USD 67.8 Billion
in 2021. Agriculture, mining and tourism are the main drivers of Tanzanian’s economy.
Agriculture contributes to around 30 % of GDP and employs about 65% (almost 8 million) of the
workforce183. Tanzania is also a land rich in minerals. Mining makes up more than 50%184 of the
total exports of the country, of which a large part comes from gold. The country exported gold
valued at more than USD 2.7 billion between April 2021 and 2022185. The Tanzanian Government

182
Electoral Institute for Sustainable Democracy in Africa (EISA). (2022). Zanzibar: Constitution.
https://www.eisa.org/wep/zan5.htm
183
Word Bank. (2022). Tanzania overview. https://www.worldbank.org/en/country/tanzania/overview
184
The Citizen. (2019). Trading centres boost Tanzania’s mining sector.
https://www.thecitizen.co.tz/tanzania/news/national/trading-centres-boost-tanzania-s-mining-sector-
2693818.
185
Statista. (2022). Export value of goods in Tanzania from 2021 to 2022.
https://www.statista.com/statistics/1142447/export-of-goods-into-tanzania-by-category/

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plans to have the mining sector contribute 10% of the GDP by 2025186. However, traditional
exports, such as coffee, tea, sisal, and cashew nuts generated over USD 700 million in the same
period. Also, Tanzania is home to rich nature and wildlife, which attracts tourists, boosting the
country’s services industry. Revenue from tourism for the 12 months ending April 2022 was USD
1.5 billion.

Tanzania demonstrates macroeconomic stability. It has tremendous potential for growth but
suffers from corruption, poverty, social inequality and a lack of modern infrastructure. In 2020,
the poverty rate in the country was estimated at some 25 percent. A third of Tanzanian workers
lived on less than USD 1.9 per day according to the data of 2020 from the World Bank187,
highlighting the country’s challenge to promote more inclusive economic development.
Nonetheless, its favourable position allows it to earn significant revenues from foreign trade.

9.2 Maritime profile

Shipping industry
Tanzania’s coastline stretches approximately 1,425 km across East Africa. This permits Tanzania
to transform its economy and vitalize the movement of goods over the East African region.

In particular, Tanzania hosts the most strategic port in East Africa, Dar es Salaam Port. The port
handles about 95 percent188 of the country’s international trade, serving other landlocked
countries, including Malawi, Zambia, DRC, Burundi, Rwanda and Uganda. In addition to Dar es
Salaam, Mtwara and Tanga also are important ports in Tanzania. Products transiting Tanga port
are mostly agricultural and local industry materials, while Mtwara port is emerging as an
anchorage port for the offshore oil and gas discoveries. However, in general, a high proportion

186
Tanzania Investment center. (2022). Mining sector. https://www.tic.go.tz/sectors/mining-sector
187
Word Bank. (2020). Poverty & Equity Brief Tanzania.
https://databank.worldbank.org/data/download/poverty/
188
Tanzania Ports Authority. (2022). Dar es Salaam and Central Coast Sea Ports.
https://www.ports.go.tz/index.php/en/dar-es-salaam-port#:

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of the port infrastructure and equipment has not been modernised over time due to limited
resources and consequently operating beyond its economic life189.

According to UNCTAD maritime key figures, as of 2020, Tanzania flagged 322 ships with a total of
73,000 deadweight tonnes (Figure 9.3).

Coast/area ratio Ship building Ship recycling

3.9 m/km2 … …

Fleet-National flag Fleet-National flag Fleet-Ownership

1,753 thousand DWT 322 ships 73 thousand DWT

Container port throughput Number of seafarers Number of port of calls

363,024 TEU 4,365 1,290

Figure 9.3. Maritime profile of Tanzania (UNCTAD, 2021)

The government of Tanzania has been on a mission to transform the maritime sector physically
and financially. For instance, in July 2017, the government launched the Dar es Salaam Maritime
Gateway project, with USD 421.3 million targeted to fully exploit the port’s potential190.
According to its Five-Year Development Plan II (2016/17-2020/21), by 2050, up to 60% of
aggregate global trade will be shipped through the Indian ocean and Tanzania is strategically
positioned to harness business opportunities and emerge as a leading shipping hub191.

The biggest trade partners of Tanzania include India, UAE, Saudi Arabia, China and Switzerland.

Passenger transportation in inland waters

Inland water transport in the mainland is an important marine activity sustaining socio-economic
development in Tanzania. Inland waterways are part of the country’s strategic trade corridor.
Lake Victoria, Lake Tanganyika and Lake Nyasa link Tanzania with its neighbouring countries
making the country an international gateway for its landlocked neighbours. Burundi, Rwanda,

189
Tanzania-Transport Sector Review, 2013. African Development Bank Group. https://www.afdb.org/
190
Further Africa. (2021). Tanzania maritime sector eyes more cargo on busiest port.
https://furtherafrica.com/2021/03/05/tanzania-maritime-sector-eyes-more-cargo-on-busiest-port/
191
Ministry of Finance and Planning. (2016). National Five Year Development Plan 2016/17-2020/21 Report.
https://www.cabri-
sbo.org/uploads/bia/tanzania_2016_planning_external_national_plan_author_region_english_.pdf

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Uganda, DR Congo, Zambia and Malawi are all dependent to some extent on Tanzania’s inland
water transport network for access to global markets.

In addition to the lakes, some of the major rivers that run across Tanzania are the Nile (4,258
miles, shared with ten other countries), River Congo (2,920 miles, shared with nine other
countries), River Rufiji (373 miles), and River Ruvuma (497 miles, shared with Mozambique)192.
Not all of these rivers are navigable due to many reasons, including high level of siltation, and
insufficient depth and width. Rufiji River, the largest in the country, draining most of the southern
part of the country is navigable for about 60 nm (Figure 9.4).

Figure 9.4. Passenger and cargo transport on Rufiji River 193

Tanzania has many inland ports and waterways managed by the Tanzania Port Authority.

Lake Victoria located in the Northern borders is the biggest lake in Africa, covering the territories
of Tanzania, Uganda and Kenya. Around 20 ports are located along the shore of the great lake
including the Tanzanian ports of Mwanza, Kemondo, and Bukobo. Situated in the Kigoma region
is the world’s second-oldest freshwater lake called Tanganyika (Southwestern border), which

192
World Atlas. (2017). Major Rivers of Tanzania. https://www.worldatlas.com/articles/major-rivers-of-
tanzania.html
193
Al-Monitor. (2020). Egypt’s project in Tanzania refutes Ethiopia’s accusations. https://www.al-
monitor.com/originals/2020/06/egypt-tanzania-project-ethiopia-nile-dam-dispute.html#ixzz7bTSa41gr

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houses 15 small port facilities including Kigoma port and Kasanga194 (Figure 9.5). The main ports
on Lake Nyasa (Southern border) are the Mbamba harbour and Itungi port which is a cargo
terminal. Most of the inland ports were built around the 1930s. The ports are currently
undergoing significant modernization to improve their capacity to handle more cargo.

Figure 9.5. Tanzania waterways network

Passenger transportation in Zanzibar archipelago

Tanzania has a long history in the transport of trains, cargo and passengers by ferry. The first ferry
on Lake Victoria started operation in 1900 during the British colonial era. To date, almost all
ferries in operation are decades old.

Local users constitute a very small fraction of the passengers availing of ferry services. Over 99%
of the ferry passengers in Zanzibar are foreign tourists from around the world who visit the
country to experience the amazing islands.

194
World Food Programme/Logistics Cluster. (2020). Tanzania Waterways Assessment.
https://dlca.logcluster.org/display/public/DLCA/2.5+Tanzania+Waterways+Assessment

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In Tanzania, traditional dhow boats or locally built boats known as “Mitumwbi/Madau” and
“Ngalawa” are still in use195 and operate alongside modern ferries.

Fast Ferries Limited is the largest passenger ferry company in Tanzania. In operation since 2018,
the company provides local ferry services to around 3,000 passengers daily196.

Most ferries in Zanzibar are owned by private investors. The total number of domestic passenger
ships registered with the Zanzibar Maritime Administration and operating within Tanzanian
waters classified as per ship type and ship size is presented in Table 9.1. In total, 424 domestic
passenger ships are registered in Zanzibar. 406 of the 424 ships (95.8%) are wooden and
fiberglass-hulled crafts, mostly designed and built using traditional methods and techniques
based on experience handed down over generations. Additionally, 408 of the 424 ships (96.3%)
are smaller than 50 Gross Tonnage (GT).

Table 9.1. Number of domestic passenger ships by type and size in Tanzania Zanzibar

Ship type Number of ships in 2021 Percentage of total fleet

High Speed Crafts 6 1.4%
Ro-Ro Passenger 4 0.9%
Passenger Ferry 2 0.5%
Passenger Cargo 1 0.2%
Wooden crafts 306 72.2%
Fiberglass crafts 100 23.6%
Aluminium crafts 5 1.2%

Ship size Number of ships in 2021 Percentage of total fleet

Ship < 50 GT 408 96.3%
50 GT ≤ Ship < 100 1 0.2%
100 GT ≤ Ship < 500 6 1.4%
500 GT ≤ Ship 9 2.1%
(Source: Questionnaire response)

According to the inputs received in the questionnaire, more than 1.7 million passengers were
transported by domestic passenger shipping in 2021.

195
Suleiman, M. (2016). Pragmatic Analysis of Safety and Security in Tanzania Maritime Logistics: Evidence
from Zanzibar Passenger Ferry Boat, Tanzania. International Journal of Economics, Commerce and
Management 4 (7), 1-14.
196
Zan Fast Ferries. (2022). Milestones. https://zanfastferries.co.tz/

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Major long-distance (more than 12 nm) passenger transport routes are Zanzibar-Dar es Salaam,
Zanzibar-Pemba and Pemba-Tanga routes (Figure 9.6). On the other hand, Mkokotoni-Tumbatu,
Wete-Fundo, Mkoani-Makoongwe, Chokocho-Kisiwa Panza, and Malindi-Prison Island routes are
short-distance (less than 12 nm) major domestic ferry routes and services.

Figure 9.6. Examples of major domestic shipping routes in Tanzania (copyright authors)

9.3 Maritime regulatory framework in Tanzania

General overview of maritime regulators and regulations
Regulatory entity
Maritime is a non-Union subject. Consequently, there are two different entities in the United
Republic of Tanzania dealing with the regulation of the maritime industry.

In mainland Tanzania, the Surface and Marine Transport Regulatory Authority (SUMATRA)
established under the Surface and Marine Transport Regulatory Authority Act, 2001 is the
regulatory entity for rail, road and maritime transport services in Tanzania. Thereafter, a variety
of policy reasons, including input from maritime stakeholders led to the creation of the Tanzania

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Shipping Agencies Corporation (TASAC)197 to regulate maritime transport in particular for dealing
with matters of maritime administration, maritime environment, safety and security, maritime
transport services at seaports and inland waterways.

On the other hand, in Tanzania Zanzibar, the Revolutionary Government of Zanzibar, through the
Zanzibar Maritime Administration (ZMA)198 and Maritime Transport Act regulates maritime
transport, which applies to Tanzania Zanzibar registered ships. The ZMA was established under
Act No.3 of 2009 of the House of Representatives and charged with the responsibility of
monitoring, regulating and coordinating activities in the maritime industry in Zanzibar.

Registration of ships
Tanzanian ships are registered under the Merchant Shipping Act 2003, while Tanzania Zanzibar
ships are registered under the Maritime Transportation Act 2006. The ships registered under
either of the acts are entitled to fly the flag of the United Republic of Tanzania199.

Tanzania mainland has a closed ship registry. Ship registration is limited only to Tanzanian
nationals. Tanzania Zanzibar is an open registry and allows foreign individuals and companies to
register vessels under the Tanzania Zanzibar International Register.

One of the important points emphasized by the interviewees and studies in the literature,
regarding maritime regulators and regulations, is the necessity of addressing the challenges
emerging from having two maritime authorities for ships flying the same flag. There are many
stakeholders involved in the Tanzanian maritime sector, including ten ministries and several
sectors covering operations, management, infrastructure, and policy formulation. Therefore, any
one entities’ decision has the potential to affect the performance of others. This has resulted in
the absence of Tanzanian registered merchant ships and this has affected the country in many
ways, including the loss of critical and strategic public and private sector maritime expertise, a
commercial maritime service capacity, industrial capacity, etc.

197
TASAC, 2022. Tanzania Shipping Agencies Corporation, website: https://www.tasac.go.tz/
198
ZMA, 2022. Zanzibar Maritime Administration, website: https://www.zma.go.tz/
199
Salum, M. M., 2019. A critical analysis of ship registration system in the United Republic of Tanzania.
World Maritime University, Sweden.

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Regulatory framework
A list of applicable maritime regulatory frameworks of Tanzania Shipping Agencies Corporation
(TASAC) for Tanzania mainland registered fleet is presented at Table 9.2.

Table 9.2. Maritime regulatory framework in Tanzania mainland

● The Tanzania Shipping Agencies (Shipping Business Fees, Charges & Commission) GN. 181 (2021);
● The Tanzania Shipping Agencies Act, Cap.415;
● The Merchant Shipping Act, Cap.165;
● The Tanzania Ports Act No.17 of 2004;
● The Merchant Shipping (Registration & Licencing of Vessels Regulations, 2005);
● The Merchant Shipping (Musters, Training and Decision Support Systems) Regulations, 2019;
● Merchant Shipping Notice 2420 Coronavirus (COVID-19) – Extension of the Validity of Documents
and Certificates of Seafarers Issued by the United Republic of Tanzania;
● Merchant Shipping Notice 2319 Schedule for Oral Examination;
● Merchant Shipping Notice 1814 Seafarer Medical Examination System and Approved Medical
Practitioners;
● Merchant Shipping Notice 1713 (Procedures for the Use of Privately Contracted Armed Security
Personnel on Board Ships While ın Tanzanian Ports or Coastal Waters;
● Merchant Shipping Notice 1513 (Guidelines for the Implementation of 2010 Manila Amendment
of the International Convention on Standards of Training, Certification and Watch Keeping for
Seafarers (STCW));
● Merchant Shipping Notice 0607 (Measures to Enhance Maritime Security for Ships at Anchorage
Areas or Drifting in Approaches to Ports);
● Merchant Shipping Notice 0507 Amendment 1/2020 (Effect of Declining Water Levels in Lake
Victoria to the Safety of Navigation); and
● MS (Ship and Port Facility Security) Regulations, GN 213 - 2004.

A list of applicable maritime regulatory frameworks of Zanzibar Maritime Administration (ZMA)

for Tanzania Zanzibar registered fleet is presented at Table 9.3.

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 Table 9.3. Maritime regulatory framework in Tanzania Zanzibar

● The Zanzibar Maritime Authority Act No. 3 of 2009;

● Maritime Transport Act No.5 of 2006;
● Zanzibar Maritime Transport Act No. 3 of 2009;
● Zanzibar Ports Corporation Act No. 1 of 1997;
● Zanzibar Environmental Management Authority Act No.3 of 2015;
● Zanzibar Utilities Regulatory Authority Act No. 7 of 2013;
● Zanzibar Disaster Risk Reduction and Management Act No. 1 of 2015;
● Land Survey Act No.9 of 1990;
● The Maritime Transport (Registration and Licensing of Vessels) Regulations;
● The Small Ships Safety Regulations (LN.25);
● Maritime Transport (Seaman’s Record Book and Identity Card) Regulations;
● The Maritime Transport (Fees and Charges) Regulations;
● The Safe Manning Regulations (LN.23);
● The Ship and Port Facility Security Regulations (LN.19);
● The Carriage of Dangerous Goods Regulations (LN. 8);
● The Crew List Regulations (LN.7);
● The Deck Cargo Regulations (LN.9);
● The Inquiry of Conduct of Seafarers Regulations (LN.10);
● The Limitation of Liability for Maritime Claims (LN.11);
● The Load Lines Regulations (LN.12);
● The Marine Navigational Aids Regulations (LN.15);
● The Official Log Book Regulations (LN.18);
● The Port Reception Facility for Ship Generated Wastes and Cargo Residues Regulations (LN.21);
● The Prevention of Collision and Distress Signals (LN.20);
● The Regulations for Prevention of Oil Pollution (LN.16);
● The Repatriation and Relief of Seafarers Regulations (LN.22);
● The Rules for Marine Inquiry and Formal Investigation (LN.14);
● The Seafarers Engagement Regulations (LN.24);
● The Seafarers Medical Examination (LN.17);
● The Stowaway Regulations (LN.26);

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 ● The Timber Cargo Regulations (LN.27);
● The Tonnage Measurement Regulations (LN.28);
● The Wreck and Salvage Service Regulations (LN.29);
● The High-Speed Craft Regulations (LN.30);
● The Survey and Certification Regulations (LN.31); and

● The ISM Code Domestic Regulations (LN.32).

Governance of domestic passenger vessel transport

In mainland Tanzania, Tanzania Shipping Agencies Corporation (TASAC) established under
Tanzania Shipping Agencies Act (Cap. 415) is the primary responsible authority, regulating
domestic water transport through the Merchant Shipping Act of 2003. In Tanzania Zanzibar,
domestic water transport is administered by the Zanzibar Maritime Administration (ZMA) in
accordance with the provisions of the Zanzibar Maritime Transport Act of 2006. Together, these
two acts are paramount in ensuring the safety of domestic passenger ships in the respective
jurisdictions.

All vessels above 500 GT registered to carry passengers under ZMA and TASAC are obliged to
comply with the requirements of the international convention standards for safety of life at sea
(SOLAS) and the International Safety Management (ISM) Code.

As per the field research outcomes, flag State obligations, including inspection, survey, ships and
crew certification, and accident investigation are separately ensured by both administrations for
the respective fleet. Detention regulations are also in place to disincentivise non-compliance and
violations.

However, one of the most important issues frequently emphasized in the literature is that despite
the rules and regulations, implementation and enforcement are lacking. One of the reasons for
the lack of safety is the tendency on part of some of the ferry operators, crew members and
passengers to routinely violate rules and regulations, especially with regard to the maximum
number of passengers embarked onboard, quality of the vessels and provisioning of lifesaving

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materials onboard200, 201. High inadequacy of technical personnel poses severe limitations in
enforcement of safety standards onboard flagged vessels. For example, only seven surveyors are
available with ZMA, of which only one is a freshly qualified naval architect.

Another issue frequently mentioned in literature is that the existence of two different maritime
regulatory entities (TASAC and ZMA) can create lack of harmonization in the regulation and
enforcement mechanism. However, personal interview highlighted the availability of structured
cooperation mechanism between TASAC and ZMA with coordination meetings between the two
counterpart authorities being held once every three months. Similar cooperation reportedly
prevails at the operational level.

Flag State control

Survey and certification of registered ships are within the purview of respective administrations
namely, TASAC for ships registered in Tanzania mainland and ZMA for ships registered in Tanzania
Zanzibar. Statutory certification is retained by TASAC and ZMA. Both authorities issue statutory
certificates on behalf of the Union. The statutory survey is delegated by ZMA in respect of the
ISM Code and Radio Regulations.

Further, ships registered with TASAC are subject to flag State control through inspections by ZMA
when calling at ports in Zanzibar and vice versa. Any findings, non-conformities, etc. arising from
such inspections are immediately brought to the notice of the concerned administrative
authority to ensure that the ship is maintained in compliance with the prevailing requirements.

Port State Control

Both TASAC and ZMA undertake Port State Control of foreign flagged ships calling at ports in their
respective jurisdictions on behalf of the United Republic.

200
Suleiman, M., 2016. Pragmatic Analysis of Safety and Security in Tanzania Maritime Logistics: Evidence
from Zanzibar Passenger Ferry Boat, Tanzania. International Journal of Economics, Commerce and
Management 4 (7), 1-14.
201
Temba, G. (2012). Ferry passenger’s satisfaction: An empirical assessment of the influence of ferry route
type (online), Accessed 2nd December, 2015 at:
http://brage.bibsys.no/xmlui/bitstream/handle/11250/153674/master_temba.pdf?sequence=1.

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9.4 Domestic ferry accidents in Tanzania
Trends in accidents
The trends in the number of casualties is amongst the foremost of the indicators of the level of
safety, and as per the accident dataset, the annual number of reported fatal accidents in Tanzania
reflects a decreasing trend (Figure 9.7).

3,5
Total
3 3
3 Linear predictive

2,5
Number of accidents

2
2

1,5
1 1 1 1
1

0,5
0 0 0
0
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
-0,5
Years

Figure 9.7. Trend of accidents in Tanzania: 2011-2021 (Source: Arcsilea)

Further, according to the dataset, in 2019 and 2020 there were no fatal domestic passenger ship
accidents. A quick desktop review, however, revealed that Tanzania was not free from domestic
ferry accidents in 2019 and 2020. On 28 May 2019, a passenger ferry carrying 400 to 500 of
people capsized on Lake Victoria in Tanzania, as a result of which at least 44 people lost their
lives202. Similarly, on 31 July 2020, a passenger ferry carrying 97 passengers reportedly capsized
in Lake Tanganyika, due to strong winds203 (Figure 9.8).

202
The Free Press Journal, 2019. Tanzania: 44 dead in passenger ferry accident.
https://www.freepressjournal.in/cmcm/tanzania-44-dead-in-passenger-ferry-accident
203
Anadolu Agency, 2020. Ferry capsizes in Tanzania, 10 feared dead. https://www.aa.com.tr/en/africa/ferry-
capsizes-in-tanzania-10-feared-dead/1928459

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 Figure 9.8. Example of fatal domestic ferry accidents in Tanzania

Causal factors of accidents

The United Republic of Tanzania has experienced twelve accidents in the last decade that
resulted in 3,634 fatalities. The high death toll is attributed to the catastrophic accident in 2011,
wherein the mv Spice Islander sank enroute from Unguja to Pemba Island resulting in 2,976
deaths. Yet another accident with high fatalities was the mv Nyerere that capsized in 2018 while
on voyage from Ukerewe to Ukara on Lake Victoria. Tanzanian officials report that 228 people
died as a result of the accident, while 41 were rescued.

Due to the number of fatal maritime accidents in Tanzania, safety and security are of paramount
importance.
204, 205, 206, 207
The most cited causes in the literature leading to accidents in Tanzania include
overloading, lack of adequate life-saving appliances for passengers, inadequate maintenance and
survey of vessels, complacence of port supervisors, lack of safety officers and inadequate

204
Suleiman, M., 2016. Pragmatic Analysis of Safety and Security in Tanzania Maritime Logistics: Evidence
from Zanzibar Passenger Ferry Boat, Tanzania. International Journal of Economics, Commerce and
Management 4 (7), 1-14.
205
Temba, G. (2012). Ferry passenger’s satisfaction: An empirical assessment of the influence of ferry route
type (online), Accessed 2nd December, 2015 at:
http://brage.bibsys.no/xmlui/bitstream/handle/11250/153674/master_temba.pdf?sequence=1.
206
The Free Press Journal, 2019. Tanzania: 44 dead in passenger ferry accident.
https://www.freepressjournal.in/cmcm/tanzania-44-dead-in-passenger-ferry-accident
207
Anadolu Agency, 2020. Ferry capsizes in Tanzania, 10 feared dead. https://www.aa.com.tr/en/africa/ferry-
capsizes-in-tanzania-10-feared-dead/1928459

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inspectors to survey the vessels operating in the Indian Ocean and unsafe practices of ship
owners and operators.

As per the Arcsilea database which formed the basis of this study, the most frequently reported
accidents were capsizing and sinking, followed by operational failure, which together
represented 92% of the total accidents (Figure 9.9).

8%

17%

75%

Capsize/Sinking Operational failure Unknown

Figure 9.9. Percentage distribution of ferry accidents in Tanzania: 2011-2021 (Source: Arcsilea)

Geographic distribution of waterways accidents

The geographical distribution of domestic ferry accidents between the mainland and archipelago
indicates that 58% of the accidents occurred in the Tanzania mainland waters, and the remainder
42% occurred in Tanzania Zanzibar waters.

In Tanzania Mainland waters, accidents occurred more frequently on routes on Lake Victoria
(Ukara-Ukerewe, Nansio-Mwanza; Mwanza-Burundi), Lake Tanganyika (Tanzania-Burundi;
Kigoma-Mupulungu) and Lake Malawi (Mbamba Bay-Nkhata Bay). In addition to the lake routes,
accidents also occurred on the Tanga-Pemba Island and Panguni-Zanzibar routes. In Tanzania
Zanzibar waters, accidents occurred more frequently on the Pemba-Zanzibar Island, Unguja-
Pemba, and Zanzibar-Dar es Salaam routes (Figure 9.10). The areas and routes more prone to

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domestic ferry accidents are an important consideration when determining the priority areas for
safety intervention.

Accident prone routes in Accident prone routes in

Tanzania Zanzibar Tanzania Mainland

42%

• Pemba-Zanzibar Island • Lake Victoria Routes

• Unguja-Pemba • Tanzania-Burundi
• Zanzibar-Dar es 58% (Lake Tanganyika)
Salaam • Tanga-Pemba Island
• Lake Tanganyika
• Mbamba Bay-Nkhata
Bay (Lake Malawi)
• Panguni-Zanzibar
Tanzania Mainland Zanzibar

Figure 9.10. Percentage distribution of ferry accidents in Tanzania by location: 2011-2021

(Source: Arcsilea)

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10 EVALUATION MATRIX OF FERRY SAFETY
This section presents the evaluation of domestic ferry safety for the seven high-risk countries.

10.1 Maritime Profile Index

This sub-section presents an evaluation of the domestic passenger fleet size, national population,
and the length of navigable routes in respect of the seven select countries.208

Domestic ferry fleet

The impact of any safety intervention would have a direct benefit in relation to the size of the
domestic ferry fleet; the larger the number of ferries, the greater will be the impact. Therefore,
in this study, a larger fleet is evaluated positively based on the fleet size.

In estimating the size of any flagged fleet, a national vessel registration database should ideally
serve as the primary source. However, unlike international shipping, a vessel registration system
is not strictly implemented for domestic shipping. Consequently, the precise number of domestic
passenger vessels is largely unknown. Uncertainty as to the exact numbers of domestic passenger
vessels appeared to be common to all countries examined. Hence, a better appreciation of the
numbers was gained by reviewing the current statistics in conjunction with the estimates
provided orally by the interview participants and maritime administrations. Therefore, in all
probability, the actual fleet size should be expected to be larger than the numbers stated here.

Based on the domestic passenger fleet sizes of all examined countries, considering both
registered and unregistered vessels, Bangladesh appears to have the largest fleet with over
700,000 vessels. Further, from the interviews, it emerged that the number of traditional ferries
working in both Indonesia (more than 15,000) and Nigeria (more than 10,000) is also relatively
high. These relatively smaller fleet sizes in Indonesia and Nigeria take no account of smaller
unregistered vessels, which are not reflected in official records (see Table 10.1).

National population
Just as with fleet size, the larger the size of the domestic ferry users and the higher the proportion
of the national population dependent on domestic ferries as a means of daily transportation, the

208
Detailed information presented in Sections III-IX.
greater will be the impact of any potential safety intervention. Therefore, the percentage of any
population using domestic ferries is a metric of interest for this study.

However, official domestic ferry passenger records and statistics were unavailable in any of the
countries examined. Hence, possible outcomes in terms of passengers requiring and using the
domestic passenger ferry systems could not be measured. To address this gap in data, the
assumption is that more populated countries would have more people demanding domestic ferry
services. Therefore, a greater population was considered a positive aspect given a relatively
higher proportion of the population would stand to benefit from any safety intervention.

Indonesia, Nigeria, Bangladesh and the Philippines respectively have the highest population
among the countries examined (see Table 10.1).

In addition, interviews revealed initiatives of the governments of Nigeria and Bangladesh such as
dredging, investment in berthing infrastructure, etc. with the aim to promote inland water
transport so as to reduce the load on land traffic.

Size of navigable waters

The size of navigable waters in riverine States and, similarly the number of inhabited archipelagic
islands in a country and their populations, have a direct bearing on the development potential of
domestic ferry transportation and, therefore, serve as an excellent metric for the impact of any
potential safety intervention.

In terms of navigable river lengths, the Democratic Republic of Congo (17,000 km), the United
Republic of Tanzania (14,000 km), Nigeria (10,000 km), and Bangladesh (5,968 km) have among
the longest rivers (see Table 10.1).

As such, interviews confirmed that a main focus area of the national government in these riverine
countries is to connect cities and towns with efficient, inland waterways transportation systems
as an alternative to other modes of transportation.

On the other hand, in archipelagic countries, the provision of domestic ferry services is an
inescapable necessity, as the distances are too short for air transport (inefficiency) and, the high
number of remote islands vis-à-vis relatively smaller numbers of inhabitants make it cost
prohibitive for connection with roads and bridges. Therefore, a clear understanding of the
demand and need for maritime transport in archipelagic countries is identifiable in a relatively
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more straightforward manner by examining the number of inhabited islands and their
populations. Among the countries examined, Indonesia (17,000 islands), the Philippines (7,600
islands) and the United Republic of Tanzania (Zanzibar and Mafia archipelagos) have an overly
high reliance on passenger transportation by sea and, therefore, domestic ferry transportation
merits a continuous focus in these countries (Table 10.1).
Table 10.1. Summary of maritime profile indicators of the countries examined

Country Domestic passenger fleet Population Size of navigable waters

• 5,968 km inland
Bangladesh 752,000 vessels 168 M (2022)
• 720 km coastline
• 17,000 km inland
DRC 10,988 vessels 92 M (2021)
• 40 km coastline
• 17,000 islands (archipelago)
Indonesia 1,006 vessels 270 M (2022)
• 95,000 km coastline
• 10,000 km inland
Nigeria Unknown (> 10,000) 217 M (2021)
• 850 km coastline
• 1,000 km inland
Senegal Unknown (> 1,000) 17.7 M (2022)
• 530 km coastline
• 7,600 islands (archipelago)
The Philippines 12,088 vessels 112 M (2022)
• 36,289 km coastline
• 14,000 km inland
Tanzania 1,077 vessels 61.5 M (2021) • Zanzibar/Mafia archipelago
• 1,425 km coastline

10.2 Accident and Safety Index

Incidence of accidents and the trend
The safety situation in each country in terms of domestic ferry accidents is identified in this study
with reference to three parameters:
• total number of accidents recorded for the period 2011-2021;
• composite of fleet size, accident reporting culture, and accidents; and
• the trend of accident numbers in the last ten years.

In the database for this study, 401 fatal ferry accidents were recorded globally for the period
2011-2021, of which 208 or over half of the accidents occurred in the seven countries included
in the scope of this study. This already makes the countries examined in this study, worthier of a
safety intervention than the rest of the world (see Figure 10.1).

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 United Republic Senegal
of Tanzania 0%
3%
Democratic
The
Republic of
Philippines
Congo
7%
7%

Nigeria
8%
Rest of the
World
48%
Bangladesh
12%

Indonesia
15%

Figure 10.1. Distribution of accidents among the countries examined: 2011-2021

Consideration of fleet size (Table 10.1), accident reporting culture (interviews, qualitative), and
accidents occurring over the last decade in these seven countries (Figure 10.1) taken together
helps to provide perspectives on the potential impact and success of any safety intervention in
the country.

The trend of accident numbers is an inescapable imperative for measuring safety performance
for all countries and is specifically emphasized by the International Maritime Organisation. When
the trend of accident numbers in the last ten years was examined, Nigeria and the Democratic
Republic of the Congo demonstrated a moderate increase and, Indonesia a slight increase,
Philippines recorded a slight decrease and, both United Republic of Tanzania and Bangladesh
achieved a moderate decrease in the number of accidents. No conclusion could be made for
Senegal due to the lack of statistical data (Sections 3-9).

Common types of accidents and severity of the consequences

It is a known fact that different types of accidents such as allision, collision, capsizing, fire,
grounding, etc. will have differing consequences for the safety of life, property and the
environment. In addition, the formation patterns of different types of accidents and the causes
and causal factors contributing to their occurrence would also be different. These differences

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require specific approaches and interventions when preventing accidents or considering any
safety intervention. This study, therefore, examines the types of accidents that occurred
frequently in the seven countries of interest and the severity of their consequences. The resulting
frequency distribution of accidents for each country for the period 2011-2021 based on the type
of initial event is presented in Figure 10.2.

45
40
Number of accidents

35
30
25
20
15
10
5
0
Bangladesh Democratic Indonesia Nigeria The Senegal United
Republic of Philippines Republic of
Congo Tanzania
Country

Allision/Sinking Capsize/Sinking Collision/Sinking

Fire Grounding/Sinking Hull failure/Sinking
Man over board Technical failure Unknown

Figure 10.2. Distribution of accidents among the examined countries by type of initial events: 2011-2021

Among the countries studied, capsize followed by sinking is the most frequently observed
accident type, and invariably resulted in a total loss of the vessel, with an overly optimistic
assumption that all passengers and crew were rescued after the occurrence. The most frequently
observed causes and causal factors that lead to capsizing accidents are overloaded vessels, cargo
displacement, loss of stability, mass movement of passengers and loss of power coupled with
bad weather conditions, and unseaworthy ships, and in particular, operating ships in conditions
that exceeded their design limits.

When the severity of consequences in terms of number of fatalities is analysed by accident type,
the number of fatalities per accident in the last decade for each country is as follows: Bangladesh
- 34 fatalities/accident; the Democratic Republic of the Congo - 71 fatalities/accident; Indonesia
- 25 fatalities/accident; Nigeria - 26 fatalities/accident; the Philippines - 24 fatalities/accident;
Senegal - 20 fatalities/accident; and, Tanzania - 303 fatalities/accident (Figure 10.3).

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 Total number of lives lost by accident type 4000 350

Average number of lives lost per an accident

3500 303
300
3000
250
2500
200
2000
150
1500
100
1000 71
500 34 26 50
25 24 20
0 0
Bangladesh Democratic Indonesia Nigeria The Senegal United
Republic of Philippines Republic of
Congo Tanzania
Axis Title
Allision/Sinking Capsize/Sinking Collision/Sinking
Fire Grounding/Sinking Hull failure/Sinking
Man over board Technical failure Unknown
Number of lives lost per accident

Figure 10.3. Distribution of total lives lost among the examined countries by type of accident: 2011-2021

Although the lives lost per accident gives a high-level overview, it should be highlighted that
catastrophic accidents resulting in over 1,000 fatalities occur infrequently, maybe once a hundred
years and even more rarely, and can result in countries becoming outliers. The Spice Islander
accident with 2,976 fatalities, for example, makes Tanzania an outlier in any 10-year or 20-year
period that includes this accident.

Regulatory quality
In this study, the regulatory quality is taken into consideration by referring to one of the global
indices to avoid subjectivity and ensure a harmonized and consistent approach across countries.
Regulatory quality index209 is one of the six Worldwide Governance Indicators (WGI)210. It offers
a quantitative measure211 of the quality of a country's primary laws and subordinate legislations.

209
The World Bank. (2022). TC Data 360. Regulatory quality.
https://tcdata360.worldbank.org/indicators/51ada6ba?country=BGD&indicator=40283&countries=COD,I
DN,NGA,PHL,SEN,TZA&viz=line_chart&years=2013,2020
210
The Worldwide Governance Indicators (WGI) are a research dataset summarizing the views on the
quality of governance provided by a large number of enterprises, citizens and expert survey respondents
in industrialised and developing countries.  These data are gathered from a number of survey institutes,
think tanks, non-governmental organizations, international organizations, and private sector firms.  WGI
are produced by: Daniel Kaufmann, Brookings Institution and Aart Kraay, World Bank.
211
Kaufmann, D., Kraay, A., & Mastruzzi, M. (2011). The worldwide governance indicators: methodology
and analytical issues. Hague journal on the rule of law, 3(2), 220-246.
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WGI is based on over thirty different individual data sources, capturing the views and experiences
of survey respondents, experts in the public and private sectors, and various non-governmental
organizations. Regulatory quality index measures perceptions regarding the government’s ability
to develop and implement sound policies and regulations that encourage and permit private
sector growth in the country. The index is a standardized value between -2.5 (weak) and 2.5
(strong)212. A summary based on the most recent data available for the countries is presented at
Table 10.2.

Table 10.2. Summary of maritime profile indicators of the examined countries213

Country Regulatory quality index value (-2.5 weak; 2.5 strong)

2013 2014 2015 2016 2017 2018 2019 2020
Bangladesh -0.8 -1.0 -0.9 -0.9 -0.9 -0.8 -0.8 -0.8*
Democratic Republic of the Congo NA -1.4 -1.4 -1.3* NA NA NA NA
Indonesia -0.3 -0.3 -0.2 -0.1 -0.2 -0.1 -0.1 -0.1*
Nigeria -0.7 -0.7 -0.7 -0.8 -0.8 -0.9 -0.9 -0.9*
The Philippines -0.3 -0.1 -0.1 0 0 0 0 0*
Senegal -0.2 -0.1 0 -0.2 -0.2 -0.1 -0.1 -0.1*
Tanzania -0.4 -0.4 -0.3 -0.3 -0.4 -0.4* NA NA
* The values indicated in bold are taken as the most current and latest values provided for the relevant country and have formed the basis for
the discussions in this study.

Alignment with IMO model regulations

The level of alignment between relevant national legislation and the IMO Model Regulations on
Domestic Ferry Safety214 was examined to gain a better understanding of the scope and coverage
of that national legislation. This was accomplished by inviting a response to a specific question in
the survey questionnaire and following-up with discussions in subsequent interviews.

https://www.cambridge.org/core/journals/hague-journal-on-the-rule-of-law/article/abs/worldwide-
governance-indicators-methodology-and-analytical-issues1/D2DBA45F726D0442A29A651710D96C37
212
Worldwide Governance Indicators. (2022). WGI Aggregation Methodology.
https://info.worldbank.org/governance/wgi/Home/Documents
213
The World Bank. (2022). TC Data 360. Regulatory quality.
https://tcdata360.worldbank.org/indicators/51ada6ba?country=BGD&indicator=40283&countries=COD,I
DN,NGA,PHL,SEN,TZA&viz=line_chart&years=2013,2020
214
IMO. (2021). Draft Model Regulations on Domestic Ferry Safety. MSC Resolution MSC 104/18/Add.1.
Annex 3. London: IMO.

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The questionnaire survey and interviews revealed that while the IMO model regulations are yet
to be widely implemented, there is no comprehensive and one-to-one alignment in any of the
countries studied. Implementation appears to be the biggest challenge in this regard.

If alignment were to be considered as two-dimensional with enactment of legislation on one level

and implementation on the other, then the Philippines, Bangladesh, and Indonesia are countries
with the closest legislative alignment, respectively, followed by Nigeria. However, when the
alignment level is evaluated in terms of implementation, there is deficiency in more than 80% of
the existing fleet in all the countries examined due to various reasons such as diversity of the
fleet, challenges in inspection and monitoring, limitation of qualified human resources, and
financial constraints. Based on responses provided during the survey and interviews, an overview
of the regulatory alignment in the countries examined with the IMO model regulations is shown
in Figure 10.4.

Figure 10.4. Alignment of national legislation with IMO model regulations in the countries examined

Feedback from interviews on individual countries

Bangladesh
For Bangladesh, issues mentioned related to in the inland water transport system included:
• the need for continuous dredging and route maintenance due to excessive sedimentation
in rivers, making the fairway shallow and narrow;
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 • prevention of overloading is a challenge due to high demand;
• shortage of technical and experienced staff (e.g., dredging/hydrography);
• pollution prevention in the rivers caused by domestic shipping is a challenge; and
• local shipyards building domestic ferries need harmonization and standardization.

The Democratic Republic of the Congo

Several issues were raised regarding the sector’s governance in the Democratic Republic of the
Congo, including:
• absence of up-to-date text in the regulations governing the river and lake transport system;
• lack of a strategic policy for maritime transport including inland water transport;
• inconsistency between the central government and provincial authorities in the
administration of the ferry sector;
• lack of an operationally effective stakeholder consultation body;
• competencies of ministries and services intervening in the field of inland water transport,
in particular on overlapping issues;
• low wages, lack of bonuses or incentives, low morale and inadequate working conditions
for all personnel involved in river and lake transport; and
• lack of statistical data for inland water transport.

Indonesia
Issues were discussed regarding domestic ferry transport in Indonesia, including:
• deficiencies in regulation and government responsibilities;
• two different entities for the management of domestic ferry transport namely, the
Directorate-General Land Transport and Directorate-General Sea Transport with a complex
relationship between them and their responsibilities;
• need for regulating maritime transport involving a large number of stakeholders including
private industry interests;
• very dynamic demand for ferry services involving seasonal peaks, fulfilled by a wide range
of ships engaged in ferry services, including a large number of traditional, often wooden-
built boats;
• lack of adequate controls in terms of record-keeping of arrivals and departures and checks
of passengers and cargo embarked, due to time pressure during port calls;
• lack of fit for purpose regulations for domestic ships; and

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 • lack of competency requirements for the crew of traditional boats.

Nigeria
A number of safety challenges and gaps in the inland water transport system in Nigeria were
revealed, including:
• lack of training of the personnel and the operators;
• inconsistencies between policies and their scope and the need for the right policy with the
right scope;
• limited stakeholder consultation during policy making;
• challenges in policy enforcement, since operators are familiar with the policies;
• discrepancies in the ship registration system, with no clarity on the exact number of the
flagged fleet, and operators unwilling to register vessels to avoid taxation;
• poor state of infrastructure, in particular, berths and terminals;
• overlap and issues between local government and state government, in particular, related
to registration and tax collection; and
• risk perception of society being weak and low with passengers unwilling to wear life jackets.

The Philippines
Related to domestic passenger shipping in the Philippines, the needs highlighted included:
• building standards for small boats of traditional build needed to be regulated further in a
harmonized and fit for purpose manner;
• building the technical capacity of human resources in the enforcement agencies;
• building the technical capacity of accident and incident investigation personnel;
• improvement of shore and port infrastructure, particularly in remoter islands; and
• greater information sharing between all relevant stakeholders, possibly facilitated by a
digital platform.

Senegal
For Senegal, issues relating to in the inland water transport system were raised:
• the joint management of the Senegal River is complicated by divergent interests, differing
objectives, and the perceived loss of national sovereignty;
• insufficient human resources, and technical capacity in the enforcement agencies; and

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 • lack of fleet monitoring mechanisms, the direct participation of all users, and the negative
effects of large developments in the Senegal river basin hinder the effective and efficient
management of the Senegal River by the administration.

Tanzania
A number of safety challenges in domestic ferry transportation in the United Republic of Tanzania
were revealed, including:
• non-existence of a strict certification regime for small craft, leading to their poor condition;
• room for comprehensive review and updating of domestic shipping regulations (currently
in process);
• lack of financial resources to maintain the laws and update regulations;
• insufficient number of technical personnel (the authorities are aware but unable to secure
finance);
• government is investing heavily in developing infrastructure since it is visible to the public,
however, improvement in human resources is neither keeping pace nor is it visible;
• lacking proper enforcement due to insufficient human resources; and
• operators lack of safety awareness.

10.3 National Political Landscape Index

Each country examined in this study has a different and complex national political landscape, as
presented in Sections 3-9. This complexity and diversity pose a challenge in assessing the political
landscape. Therefore, to offer a standard overview, five global indices have been used namely,
government effectiveness index, corruption perception index, political stability index, Ibrahim
Index of African Governance, and the country’s credit rating.

Government effectiveness index

The government effectiveness index215 captures perceptions of the quality of public services, the
quality of the civil service and the degree of its independence from political pressures, as well as
the quality of policy formulation and implementation and the credibility of the government's

215
Worldwide Governance Indicators. (2022). Government Effectiveness.
https://info.worldbank.org/governance/wgi/Home/downLoadFile?fileName=ge.pdf

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commitment to such policies. The government effectiveness index is a standardized value
between -2.5 (weak) and 2.5 (strong).

The government effectiveness index of the countries under study for 2020 are as follows:
Bangladesh (-0.79); the Democratic Republic of Congo (-1.69); Indonesia (-0.37); the Philippines
(0.06); Nigeria (-1.03); Senegal (-0.01); and the United Republic of Tanzania (-0.77).

Corruption perception index

The corruption perception index (CPI)216 ranks the countries around the world based on their
perceived levels of public sector corruption. Annual reports have been published by Transparency
International, a United Kingdom-based independent anti-corruption organization, since 1995.
The corruption perception index is a standardized value varying between 0 (highly corrupt) and
100 (very clean). According to the 2020 report, as part of the global picture, over two-thirds of
countries score less than 50, and nearly half have been stagnant on the CPI for almost a decade
despite some progress217.

It would be important to consider the CPI value when identifying a country’s potential to
successfully implement any safety intervention.

Political stability index

Political stability is a critical consideration when it comes to the effective implementation and
enforcement of safety instruments or applying a technical assistance program from overseas in
a country keen to improve safety. Absent political stability, it might be challenging for any
structured safety intervention to be successful and effective in the domestic ferry sector given its
long-term nature. In this study, the political stability and absence of violence index are used to
present an overview of this matter.

The political stability index is one of the WGI indexes that captures perceptions of the likelihood
that the government will be destabilized or overthrown by unconstitutional or violent means,
including politically motivated violence and terrorism. Like the other WGI indices, political

216
Transparency International. (2022). Corruption Perceptions Index 2021 Media Kit.
https://www.transparency.org/en/cpi/2021/media-kit
217
Transparency International. (2020). Corruption Perceptions Index 2020. The results at a glance.
https://www.transparency.org/en/cpi/2020.

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stability index is a standardized value varying between -2.5 (weak) and 2.5 (strong)218. WGI
calculates the country indexes according to inputs from a minimum of 8 different data sources219.

According to 2020 data, the political stability and absence of violence index of the countries in
this study is as follows: Bangladesh (-0.92); the Democratic Republic of Congo (-1.71); Indonesia
(-0.5), Nigeria (-1.86); the Philippines (-0.79); Senegal (-0.02); and Tanzania (-0.41).

Ibrahim index of African governance

The Ibrahim Index of African Governance (IIAG) has been assessing the quality of governance in
African countries annually since 2007. The IIAG is one of the most comprehensive collections of
African governance data, combining over 70 variables from more than 30 independent African
and global institutions220. The overall ranking system of IIAG comprises four primary categories:
Security and Rule of Law, Participation, Rights and Inclusion, Foundations for Economic
Opportunity and Human Development. Also, there are 16 subcategories and 79 indicators within
these categories. Every year, the IIAG is refined, either methodologically or as a result of a change
in indicators that are included or excluded. As a result, the entire data set is updated for the
whole time series when new historical data are available, or the IIAG is strengthened. The IIAG
index is a standardized value varying between 0 (lowest score) and 100 (the best possible
score)221. The index is only available for the African countries. Among the categories and
subcategories of the IIAG, the aggregated ‘Overall Governance’ index is considered a good proxy
representation of the general overview. According to the most recently available 2019 data, the
IIAG of the four African Countries in the scope of this study is as follows: the Democratic Republic
of Congo (31.7); Nigeria (45.5); Senegal (63.2); and the United Republic of Tanzania (53.0).

218
Worldwide Governance Indicators. (2022). Political Stability and Absence of Violence/Terrorism.
https://info.worldbank.org/governance/wgi/Home/downLoadFile?fileName=pv.pdf
219
Worldwide Governance Indicators. (2022). Political Stability and Absence of Violence/Terrorism.
Interactive Data Access. https://info.worldbank.org/governance/wgi/Home/Reports
220
Raw data come in different scales from source. In order to be compared and combined, data are
transformed to a standardized range of 0.0-100.0. Once all indicators have been transformed to a
common scale, a simple method of aggregation is applied to calculate the scores. The overall score is the
average of the underlying category scores; the category scores the average of their underlying sub-
categories, and the sub-categories the average of their constituent indicators. Source: Mo Ibrahim
Foundation. (2022). Ibrahim Index of African Governance (IIAG). https://mo.ibrahim.foundation/iiag
221
Mo Ibrahim Foundation. (2022). Ibrahim Index of African Governance (IIAG).
https://mo.ibrahim.foundation/iiag

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Country credit rating index
Country credit rating (sovereign credit rating) is an evaluation of an individual country to predict
its ability to repay a debt or fulfil its financial commitments. It is an independent assessment of
the creditworthiness of a country or a sovereign entity. Investors use sovereign credit ratings to
assess the riskiness of a particular country when it comes to investing in that country. There are
various agencies namely, Standard & Poor’s, Moody’s, Investors Service, Fitch etc., and all of
them have their own evaluation methods and data sources to assign ratings. These ratings are,
in principle, based on an analysis of the country's borrowing, lending, and operating performance
over time. Not all agencies cover worldwide credit ratings, so Moody's Analytics 2021 was
preferred because it continuously rates and shares the ratings of all seven countries examined
for this study. Moody’s Investors service and analytics is one of the global credit rating agencies
(with 40% share in the world credit rating market222) which performs international financial
research and analysis on commercial and government entities223. The Moody’s rating system
follows a 7-point alphanumeric scale224 ranging from Aaa for the smallest degree of risk through
Aa, A, Baa, Ba, and B to Caa indicating a very high credit risk.

The 2021 credit ratings of the countries are as follows: Bangladesh (questionable credit quality);
the Democratic Republic of Congo (very high credit risk); Indonesia (moderate credit risk); Nigeria
(high credit risk); the Philippines (moderate credit risk); Senegal (questionable credit quality); and
United Republic of Tanzania (high credit risk).

An overview of the national political landscape indices of the examined countries is presented in
Table 10.3.

222
Hung, M., Kraft, P., Wang, S., & Yu, G. (2022). Market power and credit rating standards: Global
evidence. Journal of Accounting and Economics, 73(2-3), 101474.
223
Moody’s. (2022). Who we are? https://www.moodys.com/
224
Trade Economics. (2022). Credit Ratings. https://tradingeconomics.com/country-list/rating

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 Table 10.3. Summary of national political landscape indicators of the countries examined

National political landscape index

Ibrahim Index of Country
Government Political Corruption
Country African Credit
Effectivenessa Stabilitya Perceptionb
Governancec Ratingd
(2020) (2020) (2020)
(2019) (2021)
Bangladesh -0.79 -0.92 26 NA Ba3
Democratic Republic of Congo -1.69 -1.71 18 31.7 Caa1
Indonesia -0.37 -0.5 37 NA Baa2
Nigeria -1.03 -1.86 25 45.5 B2
Senegal -0.01 -0.02 45 63.2 Ba3
The Philippines 0.06 -0.79 34 NA Baa2
United Republic of Tanzania -0.77 -0.41 38 53.0 B2
a: Scale is varying between -2.5 (weak) and 2.5 (strong); b: Scale is varying between 0 (highly corrupt) and 100 (very clean); c: Scale is varying between 0 (lowest) and
100 (best possible score); d: Scale is alphanumeric including; Aaa: Smallest degree of risk//Aa (Aa1, Aa2, Aa3): Very low credit risk//A (A1, A2, A3): Low credit
risk//Baa1, Baa2, Baa3: Moderate credit risk//Ba1, Ba2, Ba3: Questionable credit quality//B1, B2, B3: High credit risk//Caa1, Caa2, Caa3: Very high credit risk.

10.4 Public Attitude Towards Safety Index

Willingness to pay for safety
Even though everyone deserves and needs safety, in most cases, it comes with a cost. Therefore,
achieving safety is often closely related to one’s purchasing power or affordability. Countries can
develop and import technology at the highest level and legislate the most robust and strict
regulations. However, the population's ability to have those in practice is a matter of willingness
to pay. A society’s willingness to pay for safety is highly complex and variable at both, personal
and country level. Since it is a challenge to measure and quantify objectively, an overview of the
publics’ willingness to pay for safety is gained by examining the GDP and GDP per capita of the
countries of interest.

The GDP of the countries for 2021225 is as follows: Bangladesh (416 billion USD); Democratic
Republic of Congo (54 billion USD); Indonesia (1.2 trillion USD); Nigeria (441 billion USD);
Philippines (394 billion USD); Senegal (28 billion USD) and United Republic of Tanzania (68 billion
USD).

225
The World Bank. (2021). GDP (current US$) - Tanzania, Bangladesh, Congo, Dem. Rep., Nigeria,
Philippines, Indonesia, Senegal. https://data.worldbank.org/indicator/NY.GDP.MKTP.CD?locations=TZ-BD-
CD-NG-PH-ID-SN

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Further, the GDP per capita of the countries for 2021226 is as follows: Bangladesh (2,503 USD);
Democratic Republic of Congo (584 USD); Indonesia (4,292 USD); Nigeria (2,085 USD); Philippines
(3,549 USD); Senegal (1,607 USD); and United Republic of Tanzania (1,136 USD).

An overview of publics’ willingness to pay for safety was additionally sought through a statement
in the online survey instrument, ‘Passengers in the domestic ferry sector would be willing to pay
more for safer vessels’ that elicited a response on a 5-point Likert scale; strongly disagree,
disagree, neutral, agree, and strongly agree. In total, 85 participants responded to the online
survey voluntarily; Nigeria (13), the United Republic of Tanzania (12), the Democratic Republic of
Congo (12), Senegal (12), Indonesia (12), Bangladesh (12), and the Philippines (12). According to
the responses provided, participants from the Philippines (59%), Indonesia (57%), Nigeria (55%),
Bangladesh (52%), the United Republic of Tanzania (48%), Senegal (40%), and the Democratic
Republic of Congo (40%) strongly agreed/agreed that based on their experience and
interpretations passengers are willing to pay more for safer vessels.

Public’s level of safety awareness

Insights into the public’s level of safety awareness were also obtained through a specific
statement in the survey questionnaire that investigated whether the public has substantial
influence to trigger the government’s willingness and quick response to usher changes that could
improve the safety of domestic ferries. Participant response was solicited on a 5-point Likert
scale; strongly disagree, disagree, neutral, agree, and strongly agree.

According to the responses provided, participants from the Philippines (60%), Indonesia (60%),
Bangladesh (58%), Nigeria (50%), United Republic of Tanzania (46%), Senegal (40%), and the
Democratic Republic of Congo (38%) strongly agreed or agreed that, based on their experience
and interpretations, the public has substantial influence to trigger policy changes by the
government.

226
The World Bank. (2021). GDP per capita (current US$) - Bangladesh, Indonesia, Senegal, Congo, Dem.
Rep., Nigeria, Philippines, Tanzania.
https://data.worldbank.org/indicator/NY.GDP.PCAP.CD?end=2021&locations=BD-ID-SN-CD-NG-PH-
TZ&most_recent_value_desc=true&start=2018
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Public’s perceptions and experiences of safety and risk
Just as political will is an essential requirement for any country identified for a safety intervention,
so is the public’s perspective and perception of safety and risk. A sound understanding of
society’s safety perception or rather, level of need would provide an opportunity to estimate the
likelihood of adoption of the steps taken by the regulators227.

The Lloyd's Register Foundation (LRF) conducted the first World Risk Poll (WRP)228 study in 2019.
This study was primarily aimed at addressing the knowledge gap in the public perceptions and
experiences of safety and risk on a global scale. Following up on previous research, in 2021, LRF
conducted another WRP study229 involving 125,911 participants from 121 countries and
territories. The poll carried a specific Likert scale question, ‘Overall, compared to five years ago,
do you feel safer, less safe, or about as safe as you did five years ago?’ which is closely related to
the public perception of safety.

The study makes use of the responses to this question in WRP 2021 to provide an overview of
the public’s perception of safety in the seven examined countries. In LRF WRP report 2021, the
questionnaire responses are presented by regions, namely; South-eastern Asia, Central/Western
Africa, Northern America, Eastern Europe, Southern Africa, Southern Asia, Eastern Africa, Middle
East, Central Asia, Southern Europe, Latin America & Caribbean, Northern/Western Europe,
Australia and New Zealand, Northern Africa, and Eastern Asia.

According to the WRP 2021 responses, Nigeria (51%), the Democratic Republic of Congo (51%)
and Senegal (51%) are the countries with the highest number of respondents who stated that
they feel less safe. On the other hand, the Philippines (26%) and Indonesia (26%) are the countries
with the least number of participants who responded feeling less safe. Table 10.4 summarises
the public attitude towards safety in the selected countries.

227
Marshall, T. M. (2020). Risk perception and safety culture: Tools for improving the implementation of
disaster risk reduction strategies. International journal of disaster risk reduction, 47, 101557.
228
Lloyd’s Register Foundation, and Gallup. (2019). The Lloyd’s Register Foundation World Risk Poll.
https://wrp.lrfoundation.org.uk/2019-world-risk-poll/data-resources/
229
Lloyd’s Register Foundation, and Gallup. (2021). World Risk Poll 2021: A Changed World? Perceptions
and Experiences of Risk in the Covid Age. https://wrp.lrfoundation.org.uk/LRF_2021_report_risk-in-the-
covid-age_online_version.pdf

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 Table 10.4. Summary of the public attitude towards safety in the countries examined (%)

Public attitude towards safety index (%)

Publics’
Publics’ willingness to pay Publics’ level of safety
perception of
for safety a awareness a
risk b, c

Country
Strongly disagree

Strongly disagree
Strongly agree

Strongly agree

About-safe
More-safe

Less-safe
Disagree

Disagree
Neutral

Neutral
Agree

Agree
Bangladesh 0 10 38 30 22 0 10 32 38 20 36 29 33
DRC 0 40 20 28 12 8 30 24 38 0 28 19 51
Indonesia 0 16 27 30 27 0 7 33 46 14 27 45 26
Nigeria 8 8 29 40 15 8 16 24 35 15 28 19 51
The Philippines 0 16 25 40 19 0 5 35 38 22 27 45 26
Senegal 0 10 50 30 10 8 20 32 35 5 28 19 51
Tanzania 0 32 20 20 28 8 16 30 34 12 29 20 48

a: Likert scale of 5 has been used varying between strongly disagree and strongly agree; b: Likert scale of 3 has been used varying between
more safe and less safe; c: Source: World Risk Poll (LRF, 2021).

10.5 Previous external ferry safety interventions

Knowledge of previous ferry safety projects and their scope is essential to understand how often
and to what extent the industry has engaged in domestic ferry safety projects, what has been
studied and to what extent are existing safety issues likely to be addressed. An awareness of the
ongoing ferry safety projects in the examined countries, for example, would be a crucial
determinant for the possible exclusion of the current beneficiary countries from immediate
consideration for further projects.

As regards previous projects, except for Nigeria, which has received no known relevant technical
assistance, all the examined countries had received one or more previous safety interventions.
Significantly, Bangladesh, Indonesia and the Philippines had ongoing interventions in
collaboration with international technical cooperation and funding bodies (Table 10.5).

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 Table 10.5. Main previous external ferry safety interventions received by the examined countries

Country Project Year Funding Agency

Bangladesh Pilot project on ferries operating in the coastal and 2005 IMO & InterFerry
domestic waters of Bangladesh
The Bangladesh Regional Waterway Transport Project 2016- World Bank Group
1 (BRWTP1) 2025
Democratic The Multimodal Transport Project (PTM) 2004- World Bank Group
Republic of 2015
Congo The Support Programme for the Navigability of Rivers 2010 European Development
and Lakes Waterways Fund
Indonesia Study on the Development of Domestic Sea 2004 Japan International
Transportation and Maritime Industry in the Republic Cooperation Agency
of Indonesia (STRAMINDO)
Hazard Identification (HAZID)/Scoping Exercise to 2018 IMO
identify safety issues pertaining to passenger ships
on non-international voyages in Indonesia
Ongoing study 2022 Australian Maritime
Safety Agency
Nigeria No known external technical assistance project for
safety of domestic ferries
The Philippines FerrySafe Project 2019- Lloyd’s Register
2020 Foundation
Enhancing safety and energy efficiency of domestic 2021- World Bank Group-
passenger ships in the Philippines 2022 International Finance
Corporation-
IMO Integrated
Technical Cooperation
Programme
Senegal Senegal river basin multipurpose water resources 2013- World Bank Group
development project 2 2017
United Republic The Transport Sector Support Project (TSSP) 2010 World Bank Group
of Tanzania Second central transport corridor project 2017 World Bank Group
Lake Victoria Transport Program - Phase 3 Tanzania 2018 World Bank Group

10.6 Composite evaluation matrix

A composite evaluation matrix of attributes for the seven high-risk countries for domestic ferries
is presented in a visual format in Table 10.6. The visualization is based on a gradient colour scale,
with the darker shades indicating higher values, and the lighter shade indicating a lower value of
the index for the studied countries.

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 Table 10.6. Composite evaluation matrix in gradient colour scale for the seven high-risk countries for
domestic ferries

Measure (Attribute/Indicator/Index) Countries (ISO 3166 ALPHA-2)

Tier 1 Tier 2 NG TZ CD SN ID BD PH

1.1. Size of the domestic ferry fleet 4 5 3 7 6 1 2

1. Domestic
ferry industry
1.2. Population depending on ferry transport 2 6 5 7 1 3 4
demographics
(DFID)
1.3. Size of navigable waters 5 4 3 7 1 6 2

2.1. Incidence of accidents 3 6 4 7 1 2 5

2.2. Trend in the last 10 years 1 5 2 7 3 6 4

2.Unsafe
occurrences and
2.3. Severity of consequences 4 1 2 7 5 3 6
regulations
(UOR)
2.4. Regulatory quality index 5 3 6 2 2 4 1

2.5. Alignment with IMO Model regulations 2 3 4 4 1 1 1

3.1. Government effectiveness index 6 4 7 2 3 5 1

3.2. Corruption perception index 6 2 7 1 3 5 4

3. Political
3.3. Political stability index 7 2 6 1 3 5 4
gauge (POGA)
3.4. Ibrahim Index of African Governance (Overall) 3 2 4 1 * * *

3.5. Country’s credibility rating (Moody's) 3 3 4 2 1 2 1

4.1. Passengers' willingness to pay for safety 2 3 4 4 1 2 1

4. Public
attitude
4.2. Passengers’ level of safety awareness 2 2 3 3 1 1 1
towards safety
(PATS)
4.3. Public perception and experience of safety and risk 4 3 4 4 1 2 1

5. Previous external ferry safety interventions (PEFSI) 1 4 3 2 7 6 5

Scale Lowest (7) (6) (5) (4) (3) (2) Highest (1)

* This index is not applicable for the indicated countries.

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11 CONCLUSION
This study conducted a scoping exercise on the safety of domestic ferry industries in seven
countries: Bangladesh, the Democratic Republic of Congo, Indonesia, Nigeria, Philippines,
Senegal, and Tanzania, in which domestic ferry accidents occur frequently and result in
devastating consequences. The scoping exercise primarily aimed to identify the most suitable
country/ies where further safety intervention could be conducted with a high likelihood of
success and significant impact on safety improvement.

The route taken by the study to reach the aim was as follows:
• preparation of domestic ferry accident data for the seven examined countries for the
period of 2001-2021;
• collection of regulatory data through desktop research, questionnaire survey and
stakeholder interviews;
• identification of trends and hazards threatening the safety of domestic ferries by WMU
through analysing the accident data, questionnaire responses and interview notes;
• examination of alignment of national domestic ferry safety regulations with IMO model
regulations have been examined through regulatory analysis;
• examination of broad national political landscape, state’s willingness to facilitate and
receive safety intervention, and public attitude towards safety using globally recognized
indexes, questionnaire responses and interview notes; and
• composite evaluation of the aforesaid attributes in respect of the seven high-risk
countries for domestic ferries.

The structured, multi-criteria evaluation matrix for the study included five main areas as follows:
• Domestic ferry industry demographics (DFID) covering items related to the country
profile, and maritime profile of the country aimed to present a good overview of the
country's demographics, the total audience targeted, and the magnitude of the impact if
the potential safety intervention is successful;
• Unsafe occurrences and regulations (UOR) including the incidence of ferry accidents, the
severity of ferry accidents, the trend of accident numbers, regulatory quality index of the
country, and alignment with IMO Model regulations aimed to understand how the safety

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 parameters are evolving in the country and which country needs a safety intervention
more urgently;
• Political gauge (POGA) encompassing political stability index, corruption perception
index, government effectiveness index, Ibrahim Index of African Governance, and the
country’s credit rating aimed to identify which country is relatively more open to an
external safety intervention and in which country it will be easier and more effective to
initiate and implement a safety intervention;
• Public Attitude Towards Ferry Safety (PATS) explored through publics’ willingness to pay
for safety, publics' level of safety awareness, and public perceptions and experiences of
safety and risk attributes; and
• Previous external ferry safety intervention (PEFSI) aimed to examine whether there are
ongoing projects or the country received any external safety intervention in the domestic
ferry sectors from inter-governmental or international non-governmental organizations.

All of the countries studied were found to have unique, distinct, and individual characteristics
which clearly distinguished them from each other.

Indonesia, the Philippines and Bangladesh are distinguished by their large fleet sizes, extensive
navigable routes, high population, existent political willingness, and relatively more positive
public attitude towards safety. Given their openness to initiatives, these countries either have
notable ongoing domestic initiatives and efforts or are already the recipient of numerous current
and/or recent past technical assistance programs by external agencies.

The Democratic Republic of the Congo and Senegal are marked by a high reliance on riverine
transport over the Congo River, and Senegal River respectively. Besides, alternative modes of
public transport are either less developed or do not reach remote areas of these countries.
Senegal, however, has a relatively smaller size, of its fleet, navigable waters and user population.

Tanzania has a uniquely diversified government structure with its attendant complexities.
Whereas users of domestic ferries in Nigeria are primarily local citizens who commute by ferries
on a daily basis, over 90 percent of the ferry transport in Tanzania serves tourism.

Furthermore, each examined country was identified as having its own share of strengths,
weaknesses, opportunities and threats to safety in the domestic ferry sector. The SWOT analysis

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and composite safety evaluation matrix for each of the seven high-risk countries for domestic
ferries are presented at Appendix.

Whereas a needs assessment study would be necessary for a detailed roadmap to be developed
in any country before planning any safety intervention, in light of the study results, there is reason
to believe that there are certain basic, common needs integral to the improvement of domestic
ferry safety regardless of the country of choice.

As the first step, primary actions should be taken in every country to align the domestic ferry
safety system with the IMO Model Regulations on domestic ferry safety and, thereafter,
secondary actions should be taken to sustain the safety system with continuous improvement.

Primary actions to establish the domestic ferry safety system would include the following:
• clearly defined competent authorities and their responsibilities;
• clearly defined vessel classification (vessel types);
• mandatory registration of all vessels regardless of size (preferably digital register);
• defined manning, education and training standards for each vessel type;
• clearly defined embarkation controls, and passenger ticketing;
• aids to navigation and shore infrastructure; and
• occupational health and safety standards.

Secondary actions to sustain the safety system with continuous improvement would include the
following:
• survey and certification of domestic ferries, including new building, imported, repair,
modification or conversion;
• regular safety checks, inspections and monitoring;
• collating passenger transport statistics;
• mechanism for mandatory reporting of marine casualties and incidents;
• diligent safety investigation and follow-up; and
• providing structured safety management training to ferry owners and operators.

Figure 11.1 presents an overview of the recommended primary actions to establish the domestic
ferry safety system, and secondary actions to sustain the safety system with continuous
improvement.

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 Sustain the safety system with continuous
Establish the domestic ferry safety system:
improvement:
Primary actions
Secondary actions

• Clearly defined competent authorities and • Standardized, continuously traceable, and

responsibilities digitalized system for vessel registration
• Clearly defined vessel classification and • Fleet inspection and safety checks monitoring,
registration • Survey and certification of domestic ferries,
• Standardized, continuously traceable, and including new building, imported, repair,
digitalized registration system for vessels modification or conversion
• Clearly defined manning, education and • Monitoring passenger transport statistics
training standards • Marine casualties/incidents reporting and
• Clearly defined embarkation checks and information sharing system
controls, passenger ticketing • Structured and standardized safety culture and
• Aids to navigation and shore infrastructure safety management training to domestic ferry
• Occupational health and safety standards owners and operators

Figure 11.1. Recommendations to establish and sustain a domestic ferry safety system

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ANNEX: SWOT ANALYSIS
A1. SWOT ANALYSIS: BANGLADESH

Strengths
• Largest fleet, in terms of numbers, among the examined countries
• Well-structured inland water transport administration
• Relatively more efficient inland ship registration system among the examined
countries
• Riverine country with more developed embarkation and disembarkation facilities
compared to archipelagic countries and other riverine countries in the study
• High population, placing high demand for services on the domestic passenger
vessel transport
Weaknesses
• Heavy siltation during monsoons significantly reducing the size of navigable waters
(in need of continuous maintenance and high investment)
• Due to high demand, prevention of overloading is a challenge
• Multiple safety interventions/investments already received by the domestic
shipping industry
• Since there is an excessive number of vessels and a limited number of enforcement
personnel, fulfilment of enforcement inspections is a challenge
Opportunities
• The government is currently focused on prioritizing river routes to reduce the load
on land transport and likely to welcome any safety intervention in this regard
• Water transportation connects areas inaccessible by road and rail; the necessity of
a safety intervention in domestic passenger shipping is higher due to the non-
existence of alternative modes of transport
Threats
• Although the government is willing to support any safety intervention, the
complicated political structure can be a challenge during the initiation process and
so also to bring all the stakeholders onboard
• The fact that the country is prone to tropical cyclones and heavy rains, any river
route expansion initiative may need continuous planning and investment, which
may increase the financial budget of any safety intervention

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A2. SWOT ANALYSIS: DEMOCRATIC REPUBLIC OF THE CONGO

Strengths
• 17,000 km of waterways
• Population of more than 90 million distributed between large cities such as
Kinshasa, Lubumbashi, Kisangani, Matadi, etc.
• Significant assets in shipyards
• Extensive areas reserved for berths and ports
• Large and young workforce
Weaknesses
• Absence of up to date and integrated maritime regulations
• Lacking in strategic transport development policy
• Lower political stability in the country
• Lack of connectivity of ports with the hinterland
• Insecurity is still noticeable in several regions of the country
• Insufficient knowledge of the supply/demand of inland waterway and lack of
system for monitoring data statistics
• The State gives more priority for its infrastructure investments in the road network
and rail transport
• Lack of training centres for inland water transport
Opportunities
• Location in the heart of Africa with nine border countries makes it favourable to
create bigger impact through a successful safety intervention
• Existence of regional integration between the Congo River countries provides
opportunity to extend the impact of the intervention
• Existence of the Regional Training Center in Inland Navigation (CRFNI) created and
managed by CICOS provides opportunity to build and exchange human resource
capacity
• Existence of a World Bank study in 2012 providing guidance on how to improve the
performance of the river, sea and lake transport sub-sector
Threats
• Vastness of the national territory requires larger financial resources in the
development of infrastructure
• Insecurity in several regions hinders the attraction of investors and partners
• The absence of deep-water ports in many regions does not allow large boats to
dock there, which does not attract potential investors in the sector
• Fragmented regulatory framework makes enforcement a challenge
• Risk of failure of a safety intervention due to political climate

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A3. SWOT ANALYSIS: INDONESIA

Strengths
• A population of more than 270 million
• Southeast Asia's largest economy and an emerging market
• Strategic location between Asia and Australia and the Pacific and the Indian Ocean
• Approximately 95,000 km of coastline and more than 17,000 islands
• Shipbuilding capacity
• Domestic ferry regulations available
Weaknesses
• The economic landscape still includes poverty, unemployment, inadequate
infrastructure, corruption, a complex regulatory environment, and unequal
resource distribution among its regions
• Domestic shipping regulations are inconsistently implemented and enforced
• Domestic transport efficiency is prioritized at the expense of safety
• High reliance on traditional boats
• Lack of official records of traditional boats
Opportunities
• Ferry services are a high government priority and part of national plans, which may
facilitate safety interventions
• With more than 17,000 islands, ferry transportation is crucial for connecting many
people; a successful safety intervention will have a significant impact
Threats
• Domestic ferry transport involves a number of stakeholders, including private
industry actors, required to be regulated by the government
• Overlaps between authorities regulating the sector may result in gaps during
enforcement processes
• Major reliance on traditional shipping; governing the safety standards on
traditional ships may be a challenging task
• The demand for ferry services is very dynamic and involves seasonal peaks; this
may require a particularly dynamic safety system

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A4. SWOT ANALYSIS: NIGERIA

Strengths
• 10,000 km of navigable inland waterways and 850 km of coastline
• Key and potential economic player in Africa
• More than 217 million population
• Significantly lower number of previous safety interventions
• Structured inland water transport authorities
• River transport connects 28 of the 36 states and 5 neighbouring countries
• High reliance of population on inland water transport
• Existence of qualified personnel in inland water sector
Weaknesses
• Insufficiently favourable political landscape in the country
• Lack of statistical data about domestic vessel fleet size
• Overlap and issues between local government and state government related to
ship registration and tax collection
• Security concerns in several inland water transport jetties
Opportunities
• A large population and high number of inland water transport users is more likely
to result in bigger impact of a successful safety intervention
• Structured inland water transport authorities facilitate initiation and bringing
forward successful safety intervention through close collaboration with all
stakeholders
• Possible connection via inland water transport for many regions makes this sector
an opportunity for the development of other sectors (agriculture, mining, cargo
movements etc.)
• Willingness of current government to support maritime sector
• Existent regulatory framework governing inland water transport supports
development of the sector
Threats
• Lack of accurate statistical data about inland shipping presents challenges for the
estimation of the financial resources needed for a safety intervention

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A5. SWOT ANALYSIS: THE PHILIPPINES

Strengths
• Strong engagement and continuous interaction between government stakeholders
and private stakeholders of domestic passenger transport
• Significant port infrastructure improvements and fleet modernization initiatives
were taken in the last ten years (both international and national)
• More stable political structure
Weaknesses
• Diversified fleet structure and ownership structure (associations)
• Archipelago (high number of islands/remote islands) makes sea transportation a
mandate, impossible to connect with land transport; providing less flexibility
• There are already multiple, ongoing safety interventions
• Access to capital (finance) for private individuals is challenging
Opportunities
• Close connection and already established interaction between stakeholders could
facilitate easy initiation of any safety intervention
• Government and public stakeholders of domestic passenger transport are willing
to support any safety intervention
• The impact of any successful safety intervention can create not only national but
also global impact
Threats
• New, intended safety interventions may overlap with ongoing interventions,
thereby adversely affecting the efficient use of resources, and intended outcomes
• Diversified fleet ownership can create complications if the safety intervention
requires private stakeholder engagement
• The fact that the country is in a typhoon-prone area may require excessive
investments in port infrastructure and maintenance

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A6. SWOT ANALYSIS: SENEGAL

Strengths
• The economy is among the most stable and prosperous in sub-Saharan Africa,
growing over 6% annually
• Social and political stability
• Gorée Island is a world popular tourist destination accessible by ferry from Dakar
• The government took significant action in response to the Le Joola tragedy;
Senegal's ferries are now managed and inspected with great care.
Weaknesses
• Poverty and food insecurity are common in Senegal's north, east, and south.
• The country's maritime profile shows that the maritime sector is given low priority
• Less population reliance on ferry transport
• Lack of national training centres
• Lack of regulatory framework specific to inland water transport.
• The last amendment of the Code of Merchant Marine, a national maritime
regulation, dates to 2002 and, therefore, lacks international obligations introduced
after 2002
Opportunities
• Short coastline and navigable inland waterways (530 km Atlantic Ocean, 1,000 km
rivers) make it easier to provide a successful safety intervention with less funding
and in less time
• Existence of a regional authority, OMVS, including four countries, to jointly manage
the Senegal River
• A favourable environment for investment due to social, economic and political
stability
Threats
• Illegal immigration between Senegal and the Canary Islands must be considered
when developing Senegal's ferry sector
• Technical supervision is carried out by the Ministry of Fisheries and Maritime
Affairs, while financial supervision is maintained by the Ministry of Economy and
Finance, which may cause bureaucracy and require more coordination
• Several entities regulate inland water transport, which may also cause bureaucracy
and require more coordination

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A7. SWOT ANALYSIS: TANZANIA

Strengths
• 14,000 km of navigable inland waterways and 1425 km of coastline
• The inland ports are currently undergoing significant modernization to improve
capacity to handle more passenger and cargo
• Long history in transport of trains, cargo and passengers by ferry; the first ferry on
Lake Victoria started operation in 1900 during the British colonial era
• Diversity in the ship registration; Tanzania mainland has a closed ship registry,
while Tanzania Zanzibar is an open registry
• Favourable political landscape
Weaknesses
• Lacking in number of personnel with required technical capacity
• The industry involves several stakeholders including ten ministries and several
sectors covering operations, management, infrastructure, and policy formulation
• Most inland water ports are operating beyond economic life (built around 1930s)
Opportunities
• Lake Victoria, Lake Tanganyika and Lake Nyasa link Tanzania with its neighbouring
countries making the country an international gateway for landlocked neighbours
• Over 99% of the ferry passengers in Zanzibar are foreign tourists from around the
world who visit the country to experience the amazing islands; therefore,
successful safety intervention will benefit the tourism sector in Tanzania
• The diversity in ship registration gives opportunity to equally attract external and
internal investments in ship owning
• Favourable political landscape attracts external investors
• Availability of structured cooperation mechanism between maritime
administrations of Tanzania Mainland and Zanzibar
Threats
• Inadequacy of technical personnel
• Involvement of numerous stakeholders in the maritime sector may result in
complications while initiating any safety intervention; any entity decision has the
potential to affect the performance of others
• Existence of two different maritime regulatory entities, and regulatory ecosystems
• Existence of old port infrastructure requiring high financial investments

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