55 The standards mentioned above are to be prescribed by contracting

states for tbeir vessels. Enforcement of these standards therefore lies largely with the flag state but port states have a limited degree of control under the provisions of Port State Control. These port states are entitled under the Convention to see that ships of other contracting parties in their ports have on board valid certifi­ cates of the kind required by the Convention. Where "there are clear

grounds for believing that the condition of the ship or its equip­ ment does not correspond substantially with the particulars of any of the certificates", or where a certificate has expired or where the ship and its equipment do not comply with the provisions of Regulation 11 of Chapter I of the 1974 Convention, which required the condition of a ship and its equipment to be maintained after survey, the authorities of the Port State shall take steps "to ensure that the ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the appropriate repair yard without danger to the ship or persons on board", as provided by Chapter I, Regulation 19, as amended.

In 1978, at an IMO Conference on Tanker Safety and Pollution Prevention, a Protocol to the SOLAS Convention was adopted which makes the use of inert gas systems, additional radar and emergency steering gear manda­ tory on all ships above a certain size, and also improves procedures for the inspection and certification of ships. The Protocol came into force in 1981. In addition to that various Amendments were made to the Regulations contained in the Convention in November 1981. These Amendments were expected to enter into force in September 1984. A

second set of Amendments was adopted in May 1983.

It may now be worth mentioning that there are three other IMO Conventions which are concerned with the seaworthiness of ships. The International

Convention on Load Lines, 1966 deals with the problem of overloading, often the cause of casualties to ships, by prescribing the minimum freeboard or the minimum draught to which a ship is permitted to be loaded. Enforcement measures of the Convention are very similar to that of the SOLAS Convention, i.e. including the power of Port States to detain ships which lack an appropriate and valid certificate. The 1971 Agreement on Special Trade Passenger Ships, together with

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numbers of unberthed passengers in special trades, such as the pilgrim trade, while the 1977 International Convention for the Safety of Fishing Vessels, lays down Regulations governing the construction and equipment of fishing vessels.

In addition to SOLAS and the other Conventions mentioned above, IMO has also adopted a number of recommended Codes of practice relating to the seaworthiness of ships, e.g. Codes for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk, 1971 and of shi»ps carrying Liquefied Gas in Bulk, 1975. These Codes are generally adopted in the form of resolutions of the IMO Assembly and therefore, as such, are not legally binding, but at the present time IMO is trying to incorporate those into SOLAS so that in

future they will also bind all parties to the Convention. Even though they are widely observed and some states have even incorporated them into their national legislation in order to provide them with a legal force.

To date Tanzania is not yet a Party to the SOLAS Convention. In order to be able to draw up the necessary legislation on safety, it is

necessary among other important aspects to have good understanding of the different requirements contained in the Convention. In this case either the SOLAS requirements will have to be incorporated in the law itself, to incorporate the requirement in one or more special regulations based on an umbrella Maritime Law, or lastly, just to make a reference to the SOLAS Convention requirements in the Law or Regulations. This means that in the last case the Convention itself will be an integrated part of the national Maritime Legislation. However, before this is done the Convention has to be ratified as a first step.

/ The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978.

The International Maritime Organization, as a United Nations specialized agency on maritime affairs, has since its inception in 1959 endeavoured not only to improve the safety of ships and their equipment, but also has tried to raise the standards of crews who man these vessels. In the 1960 International Conference on Safety of Life at Sea, an important Resolution was adopted, calling upon governments to take practical

to navigation, ship's equipment and devices, was sufficiently comprehen­ sive, and up-to-date with latest developments. The Resolution further called upon cooperation between IMO and ILO, together with governments, in trying to achieve these objectives.

Between 1960 and 1977 the international community has done a great deal, to achieve these aims. For example the governing body of IMO, and ILO's

Maritime Safety Committee established a joint committee on training. At the first meeting of the committee in 1964, the Document for

Guidance 1964 was prepared, giving guidelines on training and education of masters, officers and seafarers in the use and operation of ship's equipments.

In 1971 the IMO Council requested the Maritime Safety Committee (MSC) to give consideration to international standards of training, watch­ keeping and certification with the sole purpose of trying to improve standards which would finally contribute to the improvement of safety at sea. After preparatory work was completed, the Conference met in

1978 and adopted the Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 1978). The Convention

basically prescribes minimum standards which countries are obliged to meet or exceed. The Convention is in two parts, that is the

Articles and the Annex, plus an Attachment 2 which comprises Resolutions adopted by the Conference. It is important to note, however that these Resolutions are not part of the Convention; they are recommendations which may be adopted by governments if they wish, and it considered highly advisable to do so. The Articles contain the legal provisions of the Convention, while the Annex incorporates the technical content of the Convention. The entry into force provisions, amendment procedures, denunciations and other general matters, are dealt with in the Articles. As mentioned earlier, Tanzania is a party to this Convention, to which

it acceded on 27 October 1982. Though much has not been done in implementing the provisions of this Convention, due to many factors, being party to it is a step forward in itself and we look forward to more measures to be taken in the near future. It is most important to understand Tanzania's responsibilities and interests to the international maritime community, and its own vital national interests since ratifica­

tion is a step forward but will be meaningless unless the requirements of the Convention *are implemented.

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