JULY 5, 2011

NR # 2456B

Bill protecting sea cruise passengers and crew from sea crimes filed
Rep. Gloria Macapagal-Arroyo (2nd District, Pampanga) has moved to protect passengers and crew of cruise ships from sexual and physical assaults while at sea. Macapagal-Arroyo filed House Bill 4608, which requires the owners of passenger lines, cargo lines and all types of marine vessels to upgrade, modernize and adhere to specific requirements to guarantee the protection of passengers as well as the crew on board. Macapagal-Arroyo said there are approximately 200 overnight ocean-going vessels worldwide and 12,000,000 cruise passengers in 2007 alone. With these figures, few vacationing passengers on vessel had been aware of their potential vulnerability to crime while on an ocean voyage, Macapagal-Arroyo said. According to Macapagal-Arroyo, in the United States, sexual and physical assaults on vessels are the leading crimes reported to and investigated by the Federal Bureau of Investigation (FBI). These crimes at sea can involve attacks both by passengers and crewmembers on other passengers and crewmembers, Macapagal-Arroyo said. Macapagal-Arroyo said it can be difficult for professional criminal investigators to immediately secure an alleged crime scene on a vessel, recover evidence of an onboard offense and identify or interview potential witnesses to the alleged crime. Obtaining reliable crime-related data from governmental sources can be difficult because multiple countries could be involved when a crime occurs on the high seas, including the flag country for the vessel, the country of citizenship of particular passengers and any country having special or maritime jurisdiction, Macapagal-Arroyo said. Macapagal-Arroyo said given the glaring consequences of such incidents, advanced countries, in particular the United States, have already adopted laws addressing sea crimes. House Bill 4608 is being introduced to follow the footsteps of the U.S. and more importantly, to enhance safety of passengers and prevent incidents of a similar nature from happening, Macapagal-Arroyo said. Under the measure to be known as the Vessel Security and Accountability Act of 2011, each passenger vessel shall be equipped with ship rails that are located not less

than 41/2 feet above the deck, the passenger stateroom and crew cabin shall be equipped with entry doors that include peep holes and security latches and fire safety codes shall be implemented. Also, the vessel shall integrate technology that can be used for detecting passengers who have fallen overboard to the extent that such technology is available. Likewise, the vessel shall be equipped with a sufficient number of operable acoustic hailing and warning devices to provide 360 degrees of communication capability around the vessel. The bill provides that an owner, charterer, managing operator, master or individual in charge of a vessel to record in a logbook reports on deaths, missing individuals and each significant alleged crime committed on the vessel and all passenger and crewmember complaints regarding theft, sexual harassment and assaults. The logbook shall be available upon request to any agent of the National Bureau of Investigation (NBI), any member of the Philippine Coast Guard, any law enforcement officer and to the Coast Guard in an electronic format prescribed by the Commandant. Under the bill, the owner of the vessel shall maintain on-board the vessel adequate, in-date supplies of anti-retroviral medications and other medications used to prevent sexually transmitted diseases after a sexual assault or rape kits. The Department of Transportation and Communication (DOTC) and the Commandant of the vessel are directed to issue the necessary rules and regulations to carry out the requirements of this Act. Violators shall be penalized with a fine of P500,000 or 1 year imprisonment or both. (30) lvc