What constraints weigh on the implementation of the ISPS Code in West African ports?
ABSTRACT
In West African ports, the implementation of the ISPS Code represents both a strategic lever for modernization and an imperative for international credibility. It has contributed to strengthening access control systems, formalizing security plans, professionalizing personnel, and adopting a risk-based approach. These developments enhance the attractiveness of ports in the sub-region within a globalized trading environment that demands high security standards. However, the effective enforcement of the ISPS Code continues to face major structural challenges: insufficient financial and material resources, a lack of specialized training, difficulties in institutional coordination, and a partial mismatch between the international regulatory framework and certain threats specific to the West African context, particularly maritime crime in the Gulf of Guinea. The objective of this article is to analyze the level of implementation of the ISPS Code and to highlight its effectiveness in West African ports.
INTRODUCTION
The tragic events of the September 11, 2001 attacks profoundly reshaped the international security order. On that day, the United States of America was targeted by terrorist attacks of unprecedented magnitude, resulting in nearly 3,000 deaths, more than 6,000 injuries, and significant material damage. The use of commercial aircraft as weapons brutally exposed the vulnerability of transport systems, particularly in a context of increasing globalization.
In response, the international community undertook efforts to strengthen security measures across all modes of transport. It was within this framework that the ISPS Code was adopted as a reference instrument aimed at preventing acts of terrorism against the maritime industry, particularly ships and port facilities.
To this end, the ISPS Code imposes a set of functional measures designed to enhance the management of security risks. These include the collection and assessment of threat intelligence, the maintenance of effective communication protocols between ships and port facilities, strict access control, prevention of the introduction of weapons or dangerous devices, the establishment of alert systems, as well as the development of security plans accompanied by regular training and exercises for relevant personnel.
However, despite the relevance of this regulatory framework, its implementation raises questions in certain specific contexts. A central question therefore arises: to what extent is the implementation of the ISPS Code in West Africa, particularly in the Gulf of Guinea, limited by local realities?
To answer this, it is first necessary to analyze the requirements and mechanisms of the ISPS Code and identify the limitations of its implementation, before examining, in a second step, solution approaches adapted to local contexts.
I. The ISPS Code as a preventive tool for West African ports
The International Maritime Organization (IMO) has adopted a range of security measures under the International Convention for the Safety of Life at Sea (SOLAS), through amendments establishing an international framework that enables maritime and port authorities to detect threats and prevent acts against maritime transport security. The regulations established by the Convention include the International Ship and Port Facility Security (ISPS) Code, which applies to all cargo ships of 500 gross tonnage and above, all passenger ships engaged in international voyages, and port facilities serving such ships. The ISPS Code has been in force since July 1, 2004, for States party to the SOLAS Convention. It provides a standardized and consistent international framework for identifying and assessing risks related to the security of ships and port facilities engaged in international trade, as well as a means to take appropriate preventive measures against such risks.
In West African ports, the implementation of the ISPS Code is a major issue in the modernization and securing of port activities. Indeed, several ports in the sub-region—such as those of Abidjan, Dakar, Lomé, Cotonou, and Lagos—play a strategic role in international trade and regularly receive vessels subject to SOLAS requirements. In this regard, implementing the ISPS Code allows them to align with a recognized international framework, an essential condition for maintaining their attractiveness to shipowners and international shipping companies.
The ISPS Code has thus contributed, in some West African ports, to improving access control systems, professionalizing port security personnel, and establishing security plans compliant with international standards. For example, the installation of secure fencing, video surveillance systems, access badges, and control posts helps reduce the risks of intrusion, cargo theft, or sabotage. Similarly, the regular organization of training sessions, exercises, and security incident simulations strengthens the capacity of port personnel to respond to potential threats.
Moreover, the risk-based approach that underpins the ISPS Code is particularly relevant in the West African context, which is characterized by a diversity of threats, including maritime crime, illicit trafficking, and security instability in certain coastal areas. The Code thus provides maritime and port authorities with a tool for anticipation and prevention, rather than a purely reactive response to incidents. Through risk assessment and the adjustment of security levels, ports can adapt their measures in line with evolving regional security conditions.
In its 2022 publication, the International Journal of Business Education noted that:
“The implementation of the ISPS Code has led to a drastic reduction in security issues in Nigerian seaports. It has improved security awareness across our ports, raised maritime security standards, enhanced compliance with safety regulations, promoted the development of security technologies, increased the volume of cargo transiting through our ports, and strengthened the management of the safety of people and goods in our seaports.”
Despite its undeniable contributions, the implementation of the ISPS Code in West African ports faces numerous challenges that limit its actual effectiveness. One of the main obstacles lies in the lack of financial and material resources. Compliance with the Code’s requirements entails substantial investments (security infrastructure, technological equipment, communication systems, continuous training), which are often difficult for States and port authorities to bear due to significant budgetary constraints.
