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International Centre for
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PART.

BACKGROUND

 

 

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l.International conventions and legal
obligations of Tunisia

Numerous obligations of Tunisian maritime authorities result from the
different international conventions and regulations ruling maritime affairs.
Below are the main ones to be considered (the list is not exhaustive):
- International Regulations for Preventing Collisions at Sea
(ColReg) - 1972
- International Convention for the Prevention of Pollution from
Ships (MARPOL) - 1973
- International Convention for the Safety of Life at Sea
(SOLAS) - 1974
- International Convention on Maritime Search and
Rescue( SAR convention) - 1979
- United Nations Convention of the Law of the Sea (UNCLOS) -
1982
- Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation (SUA) - 1988
- Palermo Protocol against the smuggling of migrants-2000
- International Ship and Port Facility Security Code (ISPS) -
2002

The MAIN OBLIGATIONS of the Republic of Tunisia, signatory part to all
of the conventions above, can be summarised as follows:

1.1. Management of maritime traffic and permanent watch

As a coastal State, the Republic of Tunisia must abide to the international
regulations and conventions regarding maritime traffic and circulation of
vessels. Tunisia is strategically located in the Mediterranean Sea and
controls part of the 145 km wide Channel of Sicily, one of the busiest
maritime routes in the world. Although maritime zones in the northern part
of Tunisia are established and separated navigation corridors are defined,
accidents, and notably collision risks at sea, are always high and require that
the relevant coastal States strengthen their means to survey the maritime
area under their responsibility.

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TASKS TO BE OBLIGATORILY FULFILLED
Monitoring of the maritime traffic

- Detection of vessels and small boats

- Data analysis

- Communication with vessels (receiving and sending

messagesj/calls)

Enforcement of international rules of navigation

 
  
   
    

1.2. Maritime Safety and Security

The duty to protect navigation falling under the responsibility of Tunisia is
framed by the conventions and recommendations of the international
organisations to which it adheres.

Maritime safety and security is mainly governed by international standards
emanating from specialised organisations. At the initiative of States, these
standards come from the International Maritime Organisation (IMO) and the
International Labour Organisation (ILO).

The ISPS code, SOLAS, SUA and SAR conventions require the implementation
by all maritime and port stakeholders of safety and security measures in
order to prevent any malicious acts against the transport and supply chain,
including merchant vessels, people and ports.

men TO BE OBLIGATORILY FULFILLED
Monitoring of the maritime traffic

- Detection of vessels and small boats

- Communication with vessels (receiving and sending
messagesj/calls)

- Inspection

- Data analysis

- Investigation

Intervention

 
  
  
   
    
 

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1.3. Search & Rescue

Tunisia must enforce search and rescue responsibilities emanating from
international conventions and from its own regulations over all users in the
maritime areas under its jurisdiction (inland waters, territorial sea, and
exclusive economic zone). This responsibility also extends to the high seas,
on which any State must exercise certain powers (under the Conventions),
either with regard to its own ships or with regard to foreign ships (piracy, the
fight against drug trafficking and immigration ...).

Tunisia is a signatory to the SAR Convention, adopted in Hamburg in 1979,
which defines an international approach to search and rescue at sea. By
adhering to the convention, Tunisia must define a region of search and
rescue called "SAR area of responsibility" (as it has just done recently) and
to set up one or more MRCCs (Maritime Rescue Coordination Centre) with all
the necessary means including the means of intervention. The Tunisian area
of responsibility extends from Sardinia in the North to the Libyan border in
the South. An area in which dozens of fishermen and immigrants die every
year, including Tunisian citizens.

ee TO BE OBLIGATORILY FULFILLED
Monitoring of the maritime traffic

- Detection of vessels and small boats

- Communication with vessels (receiviing and sending
messagesj/calls) and other services (air and/or navy support,
Red Crescent, etc.)

- Coordination of SAR operations / Navigation

- Record for investigations

- Data analysis

Investigation (accident case) and intervention

 
  
   
   
 
    
 

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1.4.Law enforcement and fight against organised crime and
terrorism

Following the attack on the Italian liner "Achille Lauro" in the Mediterranean

on 7 October 1985, the Convention for the Suppression of Unlawful Acts

against the Safety of Maritime Navigation of 10 March 1988 was adopted.

This SUA convention (Suppression of Unlawful Acts) calls on all States to

cooperate on the high seas to prevent and suppress terrorism.

Today, following the Arab Spring and the ongoing conflicts in countries such
as Syria and Libya, maritime terrorism has become a very serious threat to
Tunisia, especially following the construction of the protection wall on its
land border with Libya. Units based in the south-eastern coast witness
increasing attempts by criminal groups to use the maritime area with fast
boats for different purpose, starting with smuggling. Well equipped and
armed, often connected to radical groups based in Libya, these bands
represent a serious threat to the public safety. In particular, the vicinity of
touristic areas such as Jerba island requires that Tunisian authorities take all
necessary measures to mitigate risks linked to these illegal border crossings.

Tunisia, which signed the Vienna Convention in 1988 against illicit drug
trafficking and the Palermo Protocol of 2000 against the smuggling of
migrants, must deploy all available means to prevent and repress all such
illicit trafficking in accordance with relevant provisions of international law.

aa TO BE OBLIGATORILY FULFILLED
Detection of vessels as well as small and faster boats

- Communication with vessels (receiviing and sending
messages/calls) and other services (air and/or navy support,
etc.)

- Interception of illegal vessel

- Coordination of interception operations / Navigation and
intervention

- Record for investigations

- Data analysis

 

 

 

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1.5. Fight against pollution

Due to the density of maritime traffic along its coast, Tunisia is one of the
countries most threatened by maritime pollution. These pollutions are of two
types: "operational pollution", that is to say voluntary such as the dumping
of industrial waste, and "accidental pollution". The latter are the most
serious for Tunisia because any accident that would occur in the north of the
country would be catastrophic for the central and southern regions. The
entire coastline would then be affected by the oil slick due to the prevailing
wind blowing from the northern sector. The tourism and fishing sectors
would be severely hit and the national economy would suffer severe
consequences for several years.

The International Convention for the Prevention of Pollution from Ships
(MARPOL 1973) is the main convention dealing with the prevention of
pollution of the marine environment, whether the causes are intentional or
accidents. Tunisia has high interest in making great efforts to implement this
convention in order to protect its marine environment. These efforts must be
permanent and sustained because "accidental pollution" must in no way
mask the more diluted phenomenon of operational pollution, caused by the
de-ballasting of ships. Tunisia's intervention at sea to preserve the marine
environment against pollution is not limited to spaces of sovereignty or
jurisdiction.

Indeed, the Brussels Convention of 29 November 1969 on intervention on
the high seas in the event of an accident involving or likely to cause
pollution by oil allows a State Party to intervene directly on the high seas in
order to prevent, mitigate or eliminate a serious or imminent danger to its
coasts or related interests due to pollution or the risk of oil pollution.

 

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TASKS TO BE OBLIGATORILY FULFILLED
Detection of polluted areas and origin of pollution

- Sampling

- Record for investigations

- Data analysis

Investigation and Intervention

 
  
 
    

SUMMARY OF COAST GUARD MISSIONS

& THERETO-RELATED TECHNICAL NEEDS

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ES ( - Border Management Programme for Maghreb (Ref: T05-EUTF-NOA-
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2. Tunisian agencies involved in Action
of the State at Sea

The Action of the State at Sea (“Action de I’Etat en Mer”) concept covers all
the missions under the responsibility of State institutions, which can be
summarised through the following list of main missions:
1. Maritime security and rescue at sea
. Maritime and seaport safety
. Fight against illicit trafficking and criminal activities at sea
. Action against pollution
. Fight against illegal migration via maritime means
. Surveillance and control of fisheries

QVUPRWN

The main Tunisian agencies actively involved in and contributing to the
coast guarding missions (monitoring and surveillance of the maritime
domain, SAR, safety/security, fight against illegal acts, etc.) are the
following:
- Maritime National Guard (MNG) (Ministry of Interior) - see also
below
- Tunisian Navy (Ministry of Defence), ensures mission of defence
and securisation of the national maritime area, as well as protects
national interests beyond territorial waters;
- Maritime Customs (Customs Guard, Ministry of Finance) is mainly
responsible for cargo inspection and customs control.
According to the law, all agencies must be ready to provide assistance to
any other party.

Other State actors of importance involved in Tunisia are the following:
- Ministry of Transport / Directorate General for Maritime Transport
and Trade Seaports;
- Office of the Merchant Marine and Ports (OMMP);
- Ministry of Agriculture / Directorate General for Fisheries and
Aquaculture;
- Ministry for Environment and Land development planning.
MNG provides its support to the authorities above.

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3. Role and Functions of the Maritime
National Guard & Brief State-of-Play

The Maritime National Guard (MNG) is the naval counterpart directorate
of the Land Border Guard Directorate (DFT) within the Directorate General
for Border Guard (DGGF) of the National Guard. It is a para-military corps
that reports to the Ministry of Interior.

MNG carries out the functions of control and surveillance of the national
maritime area, which includes the whole 1300 km coastline, as well as the
internal and territorial waters situated within an area of responsibility up to
12 nautical miles from the shore.

More precisely, it is responsible for the following missions:

. Enforcement of State sovereignty on national maritime space;
. Safety and security of maritime area;

. Fight against illegal immigration;

. Fight against smuggling;

. Control of fisheries;

. Maritime Navigation Police;

. Rescue and assistance at sea;

. Pollution control at sea.

OS UVUPWDNH

As law enforcement agency being present along the whole coastline, it is
the public administration that carries out the widest range of missions
relevant to the Action of the State at Sea.

MNG has to ensure permanent presence and provides assistance to other
ministries in very different domains: maritime security and safety, SAR, fight
against illegal migration, control of fisheries, fight against illegal trafficking &
smuggling, fight against pollution, fight against illegal acts at sea (piracy,
terrorism,...), control of navigation, etc.

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The MNG is also responsible for the safety and security of all commercial,
pleasure and fishing ports and the port facilities that exist there, such as the
Rades and Ghannouch industrial areas. These port facilities with a seafront
are of vital interest to the country's economy.

To that end, the Maritime National Guard relies on several types of
infrastructure as well as coastal and naval units at its disposal.

Organised through a centralised chain of
command covering 4 Maritime Districts

(regions “North”, “Sahel”, “Centre” and
“South” - see adjacent map), the MNG
operätes:

- 16 operational rooms (4 district level,
12 sector level),
- 22 Coastal stations (some equipped
with radar),
- Terrestrial patrols and
- Naval units (61 boats from 9 to 23 m
+ 6 patrol boats 35 m)
to survey and control the above-mentioned
area (see organigram below).

In the present context and due to the
important lack of adequate technical
means, notably for monitoring maritime
space, for detection and communication, but also for coordination of
interventions/operations at sea, the Maritime National Guard units are
obliged to keep physical presence of staff and vessels along the coast and at
sea 24/7, where this is still feasible.

 

This situation has severe consequences on the actual operational
readiness (material and human) of the units, on the level of maintenance of
the units, the availability of the staff for further and continuous training, etc.
In the light of the recent declaration of SAR zone by the Republic of
Tunisia, this situation is even more critical.

Without substantial external support, no significant change can be made to
this challenging situation, due to the fact that existing MNG resources are

Border Management Programme for Maghreb (Ref: T0O5-EUTF-NOA-
REG-07 / T05.519)
3] h i DELLINTERNO A project funded by the European Union 17

and implemented by the Italian Ministry of Interior and ICMPD