MV Barima Commission of Inquiry to determine whether negligence, misconduct and institutional failure caused ferry tragedy

The Terms of Reference (TOR) to guide the Commission of Inquiry into the deadly MV Barima tragedy has been released in the official gazette. The move comes days the five-member Commission was sworn in to investigate the ferry tragedy. Among other things, the Commission is mandated to conduct a through, independent, impartial and comprehensive public inquiry into all circumstances surrounding the capsizing and sinking of the MV Barima and all matters connected. The Commission is being asked to determine whether any act or omission, negligence, misconduct, dereliction of duty, systemic deficiency or institutional failure by any individual, entity or institution contributed to or caused the casualty or adversely affected the response to the tragedy. The Commission has been asked to recommend appropriate accountability and referral to competent authorities where warranted by the evidence, and recommend legislative, regulatory, institutional, administrative and operational reforms, and any other measures necessary to strengthen maritime safety, improve emergency preparedness and response, and reduce the likelihood of similar tragedies occurring in the future. The Commission is also being asked to establish, so far as the evidence permits, the full facts and sequence of events; determine the immediate, direct, contributing and systemic causes of the casualty, identify the shortcomings or failures; assess compliance with applicable legal and safety requirements, recommend appropriate accountability where warranted; and propose reforms necessary to strengthen maritime safety and prevent recurrence. The Commission is also mandated to establish the full circumstances surrounding the tragedy; including the sequence of events before, during and after the capsizing and sinking of the vessel. In addition, the state also wants the Commission to determine why the vessel capsized and the immediate, direct, and systemic causes. Further, the Commission will also examine the seaworthiness of the vessel and determine whether it was fit to undertake the voyage and will also examine if the relevant statutory, regulatory, certificate, inspection and operating requirements were complied with. “In examining the technical aspects of the marine casualty, the Commission may have regard to relevant national laws and internationally recognised marine casualty investigation principles and standards, including, where applicable, the Code of the International Standards Recommended Practices for a Safety investigation into a marine casualty into a marine incident. The Commission’s mandate shall not however, be limited to safety investigation and should extended to public accountability, institutional performance and reform,” the TOR states. Moreover, the COI will also examine the ownership, operation, maintenance and management of the vessel and operational management, governance and safety systems of the Transport and Harbours Department. It will also examine the passenger boarding, manifest preparation, passenger numbers and management and possibly overcrowding cargo and stowage and the availability and use of life- saving equipmentmen. It will also review the search, rescue and recovery operations including the adequacy and coordination timelines. The Commission can also pursue any line of inquiry that it deem fit to help it with its work and to make recommendations.